Point of Law: There is no material on record to show that the said finding of the learned Special Judge was erroneous.

JUDGMENT :

KALYAN RAI SURANA, J.

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 Section 21(4) of the National Investigation Agency Act, 2008, the prosecuting agency, i.e. “NIA” for short has assailed the impugned order dated 20.02.2018, 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 Sections 120B/121/122 of the Indian Penal Code, read with Section 25(1-A) of the Arms Act, 1959 and Section 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 28.06.2012, 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 Sections 120B/409/121/34 IPC read with Section 25(1-A) of Arms Act, 1959 and read with Section 7 and 8 of the Nagaland Security Regulation, 1962 and Section 29 of the Police Act, 1861.

4. As per the charge-sheet No. 29/2012 dated 04.10.2012, submitted in connection with the said case, during interrogation, the accused ABSI, Kughai Zhimomi (since deceased), had voluntarily admitted that during his tenure as R.O. (Clothing) DEF, Zunheboto, he had misappropriated a huge stocks of arms and ammunitions from DEF Unit Kote and had sold the same to NSCN (K) and NSCN/GPRN faction on various occasions for his own personal gain. The arms and ammunitions which were misappropriated are as follows:

“Arms:

(a) SLR - 21 Nos. with 28 nos. of Magazines.

(b) Carbine-1 no. with 2 nos. of Magazines.

(c) Sten gun-4 nos. with 8 nos. of Magazines.

(d) .303 rifle-16 nos.

Ammunitions:

(1) 7.62 SLR: 500-600 rnds (approx).

(2) .303 BDR: 11,000-12,000.

(3) 9mm ammo: 2000 (approx).

(4) AK ammo: 200 (approx).”

5. Further, in course of investigation, verification of arms, ammunition, clothing and equipments of DEF, Zunheboto during the tenure of accused ABSI Kughai Zhimomi as RO (Clo.) in between the period of 2000 to 2012 was carried out and the following discrepancies were detected as shown below in the table-wise:

“Statement of misappropriated Arms w.e.f. 2000 to 2012

Total number of arms lost/discrepancy = 75 Nos.

Statement of misappropriated Magazines w.e.f. 2000 to 2012

Total magazine lost/discrepancy = 62 Nos.

Statement of misappropriated Ammunitions w.e.f. 2000 to 2012

Total ammunition missing = 26100 rds.

Statement of misappropriated Bayonet w.e.f. 2000 to 2012

Total bayonet missing = 3 Nos.

Statement of misappropriated clothing w.e.f. 2000 to 2012