JUDGMENT :

Rashid Ali Dar, J.

1. The instant appeal in terms of Section 21(3) of NIA(National Investigation Act) has been preferred by the appellant against the order of Special Judge Designated Under NIA Act, Srinagar, whereby the application filed by him for grant of bail has been rejected. The order in this regard has been passed on 17.08.2019 (for short referred to hereinafter as ‘impugned order’).

2. It appears from the perusal of the records that the petition for grant of bail came to be presented on 06.07.2019 before the court of learned Additional Sessions Judge (TADA/POTA), Srinagar by the appellant herein. Learned Additional Sessions Judge (TADA/POTA), Srinagar instead of directing diarization of the petition seeking bail, directed the SHO, P/S Srigufwara(respondent herein) to report through APP and the matter was directed to be put up on 20.07.2019. The original application appears to have been forwarded to the said Police said Station for submission of report.

3. The appellant had pleaded in the said application that he was arrested in FIR No.63/2018 under Section 13 ULA(P) Act (Unlawful Activities(Prevention) Act, 1967 registered in Police Station, Srigufwara. The appell