JUDGMENT

Ajai Lamba, CJ. - We have heard Mr. D. Saikia, learned senior counsel and Mr. S.C. Keyal, learned Standing Counsel, NIA appearing for the appellant. Also heard Mr. Z. Kamar, learned senior counsel assisted by Mr. S. Borthakur, Advocate appearing for the respondent.

The Court proceedings have been conducted by means of creating a Virtual Court with the help of technology, so as to maintain distance between the staff, Advocates and the Presiding Judge.

This appeal filed at the instance of National Investigation Agency, Ministry of Home Affairs, Government of India, under Section 21(1) of the National Investigation Agency Act, 2008 (for short, the Act of 2008), challenges order dated 16 th March, 2020 passed by the Special Judge, NIA, Assam.

Vide the impugned order, the application (No.492 of 2020 dated 12.3.2020) filed by Special Prosecutor, National Investigation Agency (for short NIA) under Section 43-D (2)(b) of the Unlawful Activities (Prevention) Act, 1967 , (for short, the Act of 1967) has been dismissed.

2. Before we proceed further, we would like to make a reference to the prayer made by the NIA through Special Public Prosecutor in the application dated 12 th March, 2