I.A. Ansari, J.

1. This is an application, made under Section 439 Code of Criminal Procedure, seeking bail for the accused, namely, Gegong Apang, in connection with the Special Vigilance (T) Case No. 01 of 2010 (Corresponding to SIC/VIG/PS/FIR-08/2005), under Sections 120B/420/468/409 IPC, read with Sections 13(1)(d)(ii) and 13(2) of the Prevention of Corruption Act, 1988.

2. Perused the above application and materials on record. Perused also the relevant case diary as presented by the Investigating Agency along with the status report.

3. Heard Mr. J.M. Choudhury, learned Senior counsel, for the Petitioner, and Mr. I. Choudhury, learned Government Advocate, Arunachal Pradesh. Mr. M.S. Chauhan, Superintendent of Police, who is supavising the investigation is also present and has been heard.

4. The case relates to the alleged large-scale irregularities and corruption in the implementation of Hill Transport Subsidy (in short, 'HTS') scheme and the working of the PDS system during the period 2002-03 and 2003-04. The present composition of the Special Vigilance Cell (hereinafter referred to as 'the SIC) is in terms of the directions passed from time to time, in PIL No. 50 of 2004, by this Court. After submission of the charge sheet in CB Police Station Case Nos. 06/2005 and 08/2005, an order was passed, on 30.08.2007, under Section 407 Code of Criminal Procedure, in PIL No. 50 of 2007. In the PIL, it is made clear that as far as the application for pre-arrest bail is concerned, the same can be considered only by this Court and no Court, subordinate to it. However, as far as the post-arrest bail applications are concerned, the same can be dealt with by the Court of competent jurisdiction. This Registry appears to have, however, issued Notification No. 44, dated 05.09.2007, whereby indicating that all bail applications, in connection with the case Nos. 03/2005. 06/2005, 07/2005 and 08/2005, shall be listed before the Division Bench No. I, at Guwahati, meaning thereby as if even the post arrest bail applications have been stopped from being filed in any Court other than this Court. The Notification No. 44, dated 05.09.2007, aforementioned, obviously includes the present case, namely, 08/2005. The Notification No. 44, dated 05.09.2007, aforementioned, therefore, needs to be looked into, and corrected by, the Registry of this Court by obtaining, if necessary, such further order(s), on the administrative side, from Hon'ble the Chief Justice, as may be required.

5. Coming to the present bail application, it may be pointed out that the charge sheet had already been submitted by the SIC, in the case No. 08 of2005, before the transfer of the cases aforementioned to the Sessions Judge, North Lakhimpur, was ordered. The case has accordingly proceeded. The investigation, which is presently in progress, is really further investigation under Section 173(8) Code of Criminal Procedure. During this investigation, the accused was arrested on 24.08.2008.

6. The submission of the accused, in substance, is that the accused assumed the office of the Chief Minister of the State of Arunachal Pradesh on 30.08.2003 and he was not involved in any kind of misappropriation and/or any other offence(s) relating to HTS and/or distribution of the PDS items. The accused contends that pursuant to the summons issued to him by the SIC, he had appeared, in the office of the SIC, on 20.08.2010, but the Superintendent of Police, SIC, was not in his office and, after having been made to wait for more than two hours, a subordinate officer of the S.P., SIC, gave the accused a written list of 64 questionnaires and asked him to furnish written answers to all the questions. As the list of questions was very long, the accused requested that 10.10.2010 may be fixed for furnishing replies to the questionnaires given to him. It is the case of the accused that he left the office of the S.P., SIC, on being permitted by the officers, subordinate to the S.P., SIC, and when he was expect