( 1. ) INVOKING the extra-ordinary jurisdiction of this Court under Article 226 of the Constitution of India the petitioner has prayed for a declaration that the provisions contained in Section 59-A (i) of the M. P. Excise Act, 1915 (in short the Act) brought into existence by M. P. Excise (Amendment) Act, 2000 (Act No. 22/2000) to the extent it prohibits any Court for entertaining the application for grant of anticipatory bail is unconstitutional.

( 2. ) THE facts as setforth in the petition are that the petitioner who is a graduate belongs to the family of lawyer and he has no criminal record. He has been implicated falsely in Cr. Case No. 405/2000 registered at the Police Station, Gohalpur, Jabalpur. According to the petitioner he is engaged in the business of travel agency and he is the owner of the Geeta Travellers situated at Katni. The authorities of the Police Station, Gohalpur seized a Maruti Van No. MP-20 T OJ 64 i-n an abandoned condition and from the said van the police seized 25 boxes of English Wine and registered the aforesaid crime under Section 34 of the Act. The investigating agency arrested Churaman, Santosh and the owner of the van but later on all were r