1. - This is a criminal Misc. bail application under Section 438 Cr.P.C arising out of F.I.R. No. 80/1991, Police Station Pratapnagar, District Udaipur for offence under Section 411 Indian Penal Code which was subsequently transferred to Central Excise and Customs Department, Jaipur whereuoen the Superintendent (Prevention), Central Excise and Customs, Jaipur registered a case No. 1 under Section 135 of Customs Act, against the present petitioner Abdul Rehman for which the inquiry is pending.

2. The facts giving rise to the present case are that on 4th May, 1991, 3 persons namely Mohd. Parid, Mohd. lqbal and Mohd. Ashraf were searched by the team of Police Station, Pratap Nagar, Udaipur. This search resulted in the recovery of 200 Kg. of silver. Initially a case under Section 411 was registered against the aforesaid 3 persons at the Police Station, Pratap Nagar and latter on the police found it to be a case covered by the Customs Act. Therefore, the Silver as well as the arrested persons were handed over to Superintendent (Prevention), Central Excise and Customs Jaipur who registered the case under Section 135 of the Customs Act and the regular inquiry was initiated. The af