K. L. SHRIVASTAVA, J.

( 1 ) THIS is an application under S. 438 of the Criminal P. C. 1973 (for short 'the Code') for grant of anticipatory bail.

( 2 ) SUBMISSION of the learned counsel for the petitioner is that the petitioner reasonably apprehends his arrest in connection with Crime No. 98/88 of P. S. Petlawad relating to an offence under S. 49a of the Madhya Pradesh Excise Act, 1915 (for short 'the Act') and he deserves to be enlarged on anticipatory bail.

( 3 ) THE learned counsel appearing for the prosecution opposes the petitioner's application. He contends that under S. 59 of the Act all offences punishable thereunder are bailable within the meaning of the Code and the applicability of the provision under S. 438 of the Code for grant of anticipatory bail is attracted only in cases on non-bailable offences. It is next contended that in view of the provision in S. 49-B (i) of the Act, application for grant of anticipatory bail cannot be entertained at all. It is further urged that in addition to the provision there is the prosecution's opposition to the petitioner's prayer for bail and this, under law, is conclusive on the question of grant of bail.

( 4 ) THE point for consider

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