( 1. ) THIS is an application under section 439 of the Code of criminal Procedure, praying for release of the applicant Sheikh Salim on bail, as the same stands rejected by the learned Sessions Judge, West Nimar, mandleshwar, on the ground that there is a prima facie case under section 49-A of the Madhya Pradesh Excise Act, 1915, as has been added and amended by the Madhya Pradesh Act No. 39 of 1982 (hereinafter referred to as the Act ).

( 2. ) SHRI Pathan, learned counsel appearing for the applicant, assails the order on the ground that it runs counter to our very concept of individual liberty; while Shri S. M. Jain, learned Panel lawyer, appearing for the state supports the order passed by the learned Sessions Judge as being perfectly in consonance with section 49-B of the Act. Section 49-B of the amended Act reads as under :

"49-B.-Bail not to be allowed for offences under this Chapter.-Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (No. 2 of 1974) or section 59 - (i) no application for an anticipatory bail shall be entertained by any Court in respect of a person accused. of an offence under section 49a; (ii) no application for bail of a perso