NATIONAL INVESTIGATION AGENCY Vs. AHETO CHOPHI

JUDGEMENT

(1.) Heard Mr. D.K. Das, learned Senior counsel and Standing Counsel, NIA, assisted by Ms. G.D. Choudhury, learned counsel, appearing for the appellant and Mr. Dhanesh Das, learned Addl. Public Prosecutor, Assam, appearing for the State respondent.

(2.) By filing this appeal under Sec. 21(4) of the National Investigation Agency Act, 2008, the prosecuting agency, i.e. "NIA" for short has assailed the impugned order dtd. 20/2/2018, passed by the learned Special Judge, NIA, Nagaland in connection with Bail Application No. 48/2018, arising in connection with RC-03/2013/NIA-GUW under Ss. 120B/ 121/ 122 of the Indian Penal Code, read with Sec. 25(1-A) of the Arms Act, 1959 and Sec. 20 of the Unlawful Activities (Prevention) Act, 1967, by which the bail was granted to the respondent, Aheto Chophi.

(3.) The case of the appellant i.e. NIA is that on 28/6/2012, a written complaint was lodged before the Zunheboto Police Station by the Superintendent of Police, Zunheboto to the effect that the Armed Branch Sub-Inspector (ABSI), Kughai Zhimomi, had misappropriated a huge cache of arms and ammunitions from the DEF Unit Kote. Accordingly, the Officer-in-Charge of Zunheboto Police Station registered Zunhoboto P.S. Case No. 28/2012 under Ss. 120B/409/121/34 IPC read with Sec. 25(1-A) of Arms Act, 1959 and read with Sec. 7 and 8 of the Nagaland Security Regulation, 1962 and Sec. 29 of the Police Act, 1861.