JUDGMENT :

KRISHAN PAHAL, J.

1. Heard Sri I.B. Singh, learned Senior Counsel assisted by Sri Ishan Baghel, learned counsel for the applicant, Sri Shiv Nath Tilhari, learned A.G.A.-I for the State and perused the material available on record.

2. At the outset, learned A.G.A.-I for the State has raised a preliminary objection that the present bail is not maintainable as it cannot be heard before this Court as it is hit by Section 21 of The National Investigation Agency Act, 2008 (hereinafter referred to as “the NIA Act”). An appeal ought to have been filed on behalf of the applicant under Section 21 of the NIA Act to be heard by a division bench.

3. Learned Senior Counsel for the applicant has pressed the bail application on the ground that trial of the case by Special Court without following Section 6 of the NIA Act is illegal. The case has not been notified to the Central Government as provided under Section 6 of the NIA Act, which is being reproduced herein below :-

“6. Investigation of Scheduled Offences.-(1) On receipt of information and recording thereof under section 154 of the Code relating to any Scheduled Offence the officer-in-charge of the police station shall forward the repo