ORDER

19.12.2006 — This is an application under Section 439 Cr.P.C. The petitioner has been implicated in II(a) C.C. No.255 of 2006 of the Court of S.D.J.M., Koraput for the alleged commis¬sion of offence under Section 47(a) of the Bihar & Orissa Excise Act (for short ‘the Act’). It is alleged that on 09.07.2006 at 6.00 p.m. the S.I. of Excise, Pottangi along with other staff, while conducting patrol duty, found the petitioner selling I.D. liquor. On being asked, he failed to produce any licence or authority for the same. Therefore, the S.I. of Excise seized the I.D. liquor (10 litres in quantity) contained in a plastic jerry can, prepared seizure list, arrested the accused-petitioner and forwarded him to the Court.

Heard learned counsel for the petitioner and learned Addl.Standing Counsel.

Counsel for the petitioner submits that the learned Assis¬tant Sessions Judge, Koraput has illegally rejected the prayer for bail of the petitioner by applying the provisions of the Act as amended by Act 10 of 2006. According to him, there was no material before the Court that the petitioner is likely to commit similar offence during pendency of the present case or tamper with the evidence. Thou