1. These applications for anticipatory bail under Sec.438 of the Code of Criminal Procedure (for short, "the Code") are preferred by the petitioner who apprehends arrest in cases registered by the Chandera police and taken over and re-registered by the National Investigation Agency (for short, "the NIA") for the offences punishable under Secs.489B and C of the Indian Penal Code (for short, "the Penal Code").

The following questions arise for a decision:

I Whether, the Special Court constituted under the National Investigation Agency Act, 2008 (for short, "the NIA Act") has jurisdiction to entertain an application for anticipatory bail from a person apprehending arrest in respect of a non bailable offence triable by the Special Court under the said Act?

II Whether the jurisdiction of the Court of Session and the original criminal jurisdiction of the High Court to entertain such an application is impliedly barred by the provisions of the NIA Act?

2. Sri.M.Ajay, learned Special Public Prosecutor for the NIA has contended that trial of offences scheduled under the NIA Act and allied offences triable by the Special Court constituted under that Act is governed by the said Act. Lear