Iqbal Ahmed Ansari, J.

1. This is an appeal, under Section 21(4) of the National Investigation Agency Act, 2008, (in short, 'the NIA Act'), directed against the order, dated 16.09.2011, passed, in Misc. Case No. (NIA) 32/2011 (arising out of NIA Case No. 01/2009 under Sections 120B / 121 / 121A read with Sections 16, 17, 18, 19 and 20 of the Unlawful Activities (Prevention) Act, 1967) by the Special Court, Guwahati, constituted under the NIA Act, whereby the prayer of the accused-appellant, Ashringdaw Warisa, to allow him to go on bail stands rejected. We have heard Mr. D. K. Mishra, learned Senior counsel, assisted by Ms. S. Jahan, learned counsel, appearing for the appellant. We have also heard Mr. Mr. D. K. Das, learned Standing counsel, National Investigation Agency, appearing for the respondents.

BACKGROUND FACTS

2. The material facts, giving rise to this appeal, may, in brief, be set out as under:

(i) Some significant amendments have been made in the Unlawful Activities (Prevention) Act, 1967, by the Unlawful Activities (Prevention) Amendment Act, 2008, the amendment having come into force on 31.12.2008. The amendments, amongst others, introduced certain conditions, whereby the powers of the court, under Section 437 of the Code of Criminal Procedure, have come to be restricted by placing some fetters on the court's discretion to allow an accused person to go on bail.

(ii) Basistha P.S. Case No. 170/2009, under Section 120B /121 /121(A) IPC read with Section 25(1B)(A) Arms Act, was, initially, registered against two accused persons, namely, Phojendra Hojai and Babulal Kemprai, on the ground that, on 01.04.2009, at about 4-00 p.m., when vehicle Nos. AS-01-AH-1422 and AS-01-1-0609 were intercepted at 14th Mile G.S. Road, Guwahati, and searched, both the accused, suspected to be cadres and linkmen of a banned organization, namely, DHD (J), were found in the vehicles, wherefrom a sum of rupees one crore, in cash, and two pistols were recovered, the money being meant for purchase of arms and ammunitions for the said banned organization. The accused were accordingly taken into custody and investigation was started by the Assam Police. On being produced before the Chief Judicial Magistrate, Kamrup, Guwahati, the two accused aforementioned were remanded to police custody.

(iii) On 18.05.2009, both the accused, namely, Phojendra Hojai and Babulal Kemprai, were granted bail by the High Court, in exercise of its powers under Section 439 Cr.PC., in Bail Application No. 1637/2009.

(iv) On 31.05.2009, Mohit Hojai, the then Chief Executive Member, N. C. Hills Autonomous Council, and R. H. Khan (i.e., the accused-appellant herein), who is not only the Deputy Director, Social Welfare Department, but also the Liaison Officer, N. C. Hills Autonomous Council, were arrested by Assam Police and, on their production before the Chief Judicial Magistrate, Kamrup, they were remanded to police custody for two days. The Court, on the prayer for extension of police custody made by the Investigating Officer of the Assam Police, allowed further extension of the police custody for a period of two more days by its order, dated 02.06.2009. However, further prayer for custodial interrogation was rejected by the Chief Judicial Magistrate, Kamrup, who, however, granted permission to the Investigating Officer to interrogate the present accused-appellant, Redaul Hussain Khan, in Central Jail, Kamrup, Guwahati.

(v) While investigation of Basistha Police Station Case No. 170/2009 aforementioned was pending with the State police, the Central Government, in exercise of its power under Section 6(5), read with Section 8 of the NIA Act, directed, on 01.06.2009, investigation of the said case by the National Investigation Agency (in short, 'the NIA'). In terms of the directions, so issued by the Central Government, the NIA registered a case under the NIA Act, the Case being NIA Case No. 1/2009.

(vi) Before, however, registration of the case aforementioned by the NIA, t