VISHNU DAS VAISHNAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal under Section 21 (1) of the National Investigation Agency Act, 2008 (henceforth 'the Act') challenging the order passed by the Sessions Court dismissing the appellant's application under Section 439 of the Code of Criminal Procedure, 1973 (henceforth 'the Cr.P.C.') for grant of bail as the appellant has been arrested in connection with Cr.No.518 of 2019 registered at Police Station Janjgir [Chowki Naila], District Janjgir-Champa, for the offence punishable under Sections 489A. 489B, 489C and 489D of the Indian Penal Code.

(2.) During processing of the file an objection has been raised by the Registry of the High Court that the appeal is not maintainable and the appellant should have preferred an application under Section 439 of the Cr.P.C.

(3.) When the matter was posted before the Division Bench learned counsel appearing for the appellant informed that in offence relating to counterfeit currency, which is one of the scheduled offence under the Act, the Single Bench dealing with the roster concerning the applications under Section 439 of the Cr.P.C. is refusing to entertain such application on the ground that such offences being one of the scheduled offence under the Act, the application under Section 439 of the Cr.P.C. is not maintainable irrespective of the fact as to whether the application has been considered by the Special Court under the Act or not.