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 Act and Section 7 & 8 of Nagaland Security Regulation (herein after referred ‘NSR’) and Section 13 of the Drugs and Cosmetic Act has been registered and investigation was being carried out. In the meantime, pursuant to an order of the Ministry of Home Affairs, Govt. of India, vide order No. 11011/23/20 16-IS.IV, dated 17.08.2016, the case was re-registered as RC-01 /2016/NIA-GUW, dated 18.08.2016, at NIA Branch, Guwahati, under Section 384 IPC read with Section 10 & 13 of the UA(P) Act read with Section 7 and 8 of NSR and Section 25 (1B) of the Arms Act and Section 13 of Drugs and Cosmetic Act. During investigation, the NIA has arrested respondent/accused A-2, on 28.09.2016, from Kohima and after investigation laid charge-sheeted with co-accused Khetoshe Sumi (A1) vide Charge-Sheet No. 01/2017, dated 25.01.2017, to stand trial under Section 120B/384 IPC read with Section 17,20,38 & 40 of the UA(P) Act, 1967. During investigation, it has been found that respondent/accused V.K. Shumi @ Victo Swu @ V.K. Sumi @ Z. Victo Swu @ Akuto @ V.Ashumi (A-2) and A1 were involved along with other co-accused persons i.e. Isac Shumi@ Isak Shumi @ Isak Sema (A-3) of NSCN (K) and other accused person in illegal tax collection and extortion from the Govt. offices, individuals and business persons with intent to support the NSCN (K), a proscribed organization in its illegal and anti national activities. Thereafter, accused Victo Swu @ V.K. Sumi @ Z. Victo Swu @ Akuto @ V. Ashumi (A-2) filed a petition under Section 437 Cr.P.C. for granting bail before the learned Court below, and the learned Court below granted regular bail to the respondent/accused vide order, dated 09.11.2020.

5. Being highly aggrieved by the said order, the NIA filed the present appeal on the following grounds:-

(a) That, the finding recorded by the learned Court below is against the principle laid down not only in the Statutory provision, but also laid down by Hon’ble Supreme Court in its various judgments and thereby caused miscarriage of justice;

(b) That, the learned Court below failed to consider that primafacie materials were collected by the NIA against the accused;

(c) That, the learned Court below failed to follow the mandate of law as provided under Section 43 (d) (5) (6) of the U.A.(P) Act and as laid down by Hon’ble Supreme Court in the case of National Investigation Agency -vs.- Zahoor Ahmad Shah Watali (MANU/SC/0458/2019 and Jayanta Kumar Ghosh -vs.- State of Assam (MANU/GH/0540/2010) and National Investigation Agency -vs.- Victo Swu (MANU/GH/0796/2017);

(d) That, the learned Court below has granted bail on the ground of illness of the accused/respondent as well as delay of proceeding in trial whereas two witnesses have already been examined and due to pandemic the delay of examination of