Crl.A. 77/2011 BEFORE HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE T. VAIPHEI This appeal has been filed under section 21(4) of the National Investigation Age ncy Act, 2008. The appeal is directed against an order dated 3/9/2010 rejecting bail to the appellant. It appears from the facts that have emerged from the rec ords that the appellant is the Ex. Chief Executive Member of the North Cachar Hi lls Autonomous Council. An amount of rupees one crore was being carried in a vehicle which was intercept ed by the law enforcement authorities. The vehicle was suspected to be carrying persons who are cadres and linkmen of the DHD (J) organization, which is a banne d organization under the Unlawful Activities (Prevention) Act, 1967. Investigations revealed that the amount was actually meant for development of th e North Cachar Hills Autonomous Council but was being diverted for purchase of s ophisticated arms and weapons to wage war against the State and to carry out ill egal activities. Two pistols and some documents were also seized. On the basis o f the investigations, the appellant is being prosecuted and we are told that a c harge sheet has been filed on 17/11/2009 and charges will soon be framed. The appellant moved an application for grant of bail but that was rejected since the offences alleged against the appellant are under Sections 120(B), 121, 121( A) of the Indian Penal Code i.e. waging war or attempting to wage war or abettin g waging of war against the State as well as under Section 43D(5) of the Unlawfu l Activities (Prevention) Act, 1967. The appellant is also accused of offences under Sections 16, 17, 18, 20 of the U nlawful Activities (Prevention) Act. Given the gravity of the offences and the fact that a charge sheet has been file d and charges are likely to be framed in a short while, we are not inclined to i nterfere with the impugned order dated 3/9/2010 declining bail to the appellant. It is submitted by learned counsel for the appellant that his client being an Ex . Chief Executive Member, is not likely to abscond. However, on the contrary, th e investigation disclosed that the appellant used his position to siphon away fu nds meant for development of the North Cachar Hills Autonomous Council for purch ase of sophisticated arms to wage war or attempt to wage war or abet waging of w ar against the State. It is then submitted by learned counsel for the appellant that at best an offenc e under the Prevention of Corruption Act can be made out and not under the India n Penal Code or Unlawful Activities (Prevention) Act. We do not express any opin ion on this since charges are still to be framed. There is no merit in the appeal and it is dismissed. It is made clear that our observations are only for the purposes of disposal of this appeal and should not influence the trial in any manner whatsoever.