Judgment :

The petitioner-State has challenged order dated 08.08.2018 passed by Chief Judicial Magistrate, Bandipora, whereby the learned Magistrate has admitted the respondent to bail in FIR No.59/2017 for offences under Section 13, 18 and 19 of ULA(P) Act registered with Police Station, Hajin.

2. The only ground that has been urged by the petitioner while impugning the order of grant of bail to the respondent is that the learned Chief Judicial Magistrate did not have jurisdiction to pass the impugned order because, according to the petitioner, it is only a Special Court designated under National Investigation Agency Act, 2008 (hereinafter referred to as the NIA Act), which has jurisdiction to grant or refuse bail in a Scheduled offence.

3. The petition has been resisted by the respondent/accused. It has been contended by the respondent/accused that at the relevant time no Special Courts were designated in terms of the provisions of NIA Act and that offences under ULA(P) Act were triable by ordinary Sessions Courts and, as such, the Chief Judicial Magistrate was having jurisdiction to entertain and decide the bail application even in cases relating to offences under ULA(P) Act.

4. I h