Judgment RAJENDRA SAXENA, J. ( 1 ) HEARD Perused the challan papers at length. ( 2 ) THE police has submitted challan against the petitioner for the offence under sec. 9a read with sec. 25a of the Narcotic Drugs and Psychotropic Substances Act in Court of learned Single Judge, N. D. P. S. Act Cases, Pratapgarh, whereas against co-accused persons Gulab Singh, Samrath, Habibur Rehman and Mohammad Rehman the challan has been filed under secs. 8/21, 29 and 25 of the Act. The petitioner was arrested on 1. 4. 95. It is alleged that on 2. 4. 95 he volunteered inforniation under section 27 Evidence Act and in pursuance thereof he got one bottle of Acetic Anhydride recovered from his agricultural field. It is further alleged that the Acetic Anhydride is used in manufacture of brown sugar from the opium. ( 3 ) THE contention of Shri Mehta is that even assuming for the sake of arguments these allegations are taken to be true against the petitioner still then no offence under sections 8/21, 29 and 25 N. D. P. S. Act is made out against the petitioner and as such the petitioner should be released on bail. Mr. K. L. Thakur has opposed this bail petition on the ground that the petitioner had supplied the Acetic Anhydride to the co-accused persons, who were involved in manufacturing of brown sugar. ( 4 ) SECTION 9a of the Act deals with the power to control and regulate controlled substances. The Ministry of Finance Department (Revenue) Narcotic Drugs Control Bureau vide its Notification dated 24th March, 1993 has declared Acetic Anhydride as a controlled substance under the Act. The Central Government being of the opinion that having regard to the use of the controlled substances in the production or manufacture of any Narcotic Drugs or Psychotropic Substance, it is necessary or expedient so to do in the public interest in exercise of powers conferred by Section 9a of the Act has made the Narcotic Drugs and Psychotropic Substances (Regulation of Controlled Substances) Order, 1993, which has come into force w. e. f. 15 April, 1993. ( 5 ) CLAUSE 3 of the said order proclaims that every person, who manufactures or distributes or sells or imports or exports or consumes any controlled substance shall maintain daily accounts of his activities in Form 1 or Form 2 and shall preserve the record of his activities for a period of two years and shall also report to the Director General, Narcotics Control Bureau immediately regarding any loss or disappearance of the controlled substance under his control. Clause 4 deals with the transport of controlled substance. Clause 5 lays down that every person, who sells a controlled substance to a buyer in a transaction of one hundred kilograms and above shall sell so only after the buyer establishes his identity by production of industrial licence or any registration certificate under any law or any other similar documents which establishes his identity and upon a declaration being made of the purpose for which the controlled substance is being purchased. Clause 6 deals with the labelling of consignments for export or import. Clause 7 requires that every person mentioned in Clauses 3, 4 and 5 shall send a quarterly return by registered post to the Deputy Director, Narcotics Control Bureau periodically. ( 6 ) SECTION 25a provides for punishment for contravention of orders made under section 9-A, which may extend to ten years and a fine which may extend to Rs. one lac. No other Order or Notification issued under section 9-A of the Act by the Central Government has been placed before me. ( 7 ) IN such circumstances prima facie possession of one litre of Acetic Anhydride itself does no appear to bean offence punishable under the Act. The 1. 0. has not collected any evidence to establish that the petitioner Bheru Lal supplied the Acetic Anhydride to the co-accused. Therefore, keeping in view all the facts and circumstances of this case, I feel that it will be just and proper to grant bail to the petitioner. ( 8 ) ACCORDINGLY this petition is allowed and it is ordered that petitioner Bhem Lal be released on bail provided he executes his personal bond for a sum of Rs. 10,000/- (Rupees ten thousand) and furnishes two sound and substantial sureties for a sum of Rs. ( 8 ) ACCORDINGLY this petition is allowed and it is ordered that petitioner Bhem Lal be released on bail provided he executes his personal bond for a sum of Rs. 10,000/- (Rupees ten thousand) and furnishes two sound and substantial sureties for a sum of Rs. 5,000/- each to the satisfaction of the learned Special Judge, N. D. P. S. Act Cases, Pratapgarh for his regular appearance before him in the Session Case arising out of Crime No. 140/95. P. S. Pratapgarh on each and every date of hearing and whenever ordered to do so. Petition allowed. Bail granted.