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2022 Supreme(Gau) 1171

L. S. JAMIR, ROBIN PHUKAN
National Investigation Agency(NIA), Ministry Of Home Affairs, Govt. Of India, Guwahati, Assam – Appellant
Versus
Victo Swu @ V. K. Sumi @ Z. Victo Swu @ Akuto @ V. Assumi (A-2), S/o. Shri Zhuhevi Swu – Respondent


Advocates Appeared:
For the Petitioner: N.N. Mishra.
For the Respondent: P.B. Paul.

JUDGMENT :

[R. Phukan, J.]

1. Heard Mr. N. N. Mishra, learned counsel for the appellant and also heard Mr. P. B. Paul, learned counsel for the respondent.

2. This appeal, under Section 21 (4) of the National Investigation Agency Act, 2008 is preferred by National Investigation Agency (NIA), against the order dated 09.11.2020, passed by the learned Special Court, NIA, Dimapur, Nagaland in I.A. No. 235/2020 in connection with NIA Case R.C-01/2016/NIA-GUW.

3. It is to be mentioned here that vide impugned order, dated 09.11.2020, the learned Special Judge, NIA, Dimapur had granted bail to accused/respondent Victo Swu @ V.K. Sumi @ Z. Victo Swu @ Akuto @ V.Ashumi (A-2).

4. The factual background leading to filing of the present appeal is adumbrated herein below:-

    “On 31.07.2016, at 04.45 hours, Assam Rifle has apprehended one S. Khetoshe Sumi, a cadre of NSCN (K) from Signal Basti, Dimapur and seized from his possession some documents related to extortion, tax collection, war like stores and also drugs. Then an FIR has been lodged with the O.C. Sub Urban Police Station, Dimapur, upon which FIR No. 90/2016, dated 01.08.2016, under Section 384 IPC, read with Section 25 (1B) of the Arms Ac

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