The Division Bench of Justices BV Nagarathna and N Kotiswar Singh ruled that the NIA is authorized to investigate not only those accused of offences listed in the NIA Act’s schedule but also those accused of offences not mentioned in the schedule, in specific circumstances.
NEW DELHI: The Supreme Court on Monday (16th Dec) denied bail to a man accused of having connections with a crime syndicate allegedly involved in smuggling 500 kilograms of heroin from Pakistan to India.
The National Investigation Agency (NIA) had taken over the investigation due to the serious nature of the cross-border drug trafficking involved.
Importantly, the Division Bench of Justices BV Nagarathna and N Kotiswar Singh ruled that the NIA is authorized to investigate not only those accused of offences listed in the NIA Act’s schedule but also those accused of offences not mentioned in the schedule, in specific circumstances.
The Court clarified that the NIA can probe individuals accused of non-scheduled offences if they are believed to be the link between those charged with scheduled offences and the alleged crime.
“The term ‘the accused’ (subject to NIA investigation) cannot be limited to those accused under scheduled offences and can extend to others with connections to scheduled offences,”
the Court stated.
This conclusion was reached by interpreting Section 8 of the NIA Act, which grants the NIA the authority to investigate related offences.
Section 8 allows the NIA to investigate offences connected to a scheduled offence, even if the accused is charged with a non-scheduled offence.
The Court affirmed, “Any other accused (beyond those charged with scheduled offences) can be investigated, provided the NIA identifies a link between the scheduled offence and the non-scheduled offence.”
The Court also emphasized that the trial of individuals accused of both scheduled and non-scheduled offences should be conducted jointly.
Given these observations, the Court chose not to interfere with the NIA’s decision to investigate individuals accused of non-scheduled offences in the current heroin smuggling case, concluding, “Section 8 empowers the NIA to probe even non-scheduled offences. We find no reason to quash the impugned orders issued by NIA. The writ petition is dismissed.”
- The NIA believes that during the investigation, any other accused allegedly involved in an offence related to the scheduled offence must also be investigated.
- The NIA may submit a report to the central government, incorporating these views.
- The central government, upon reviewing the report, may invoke its suo motu powers under Section 5(6) and Section 8 of the NIA Act to order an investigation into any other accused.
- The investigation of these additional accused should, where feasible, be conducted jointly with the investigation of the already ongoing case due to the link between the scheduled offence and other crimes.
Additionally, the Court has included a statement in the judgment’s epilogue, expressing concern about the widespread issue of drug abuse.
The Court noted: “While the present matter pertains to the cancellation of bail and challenges to the central government’s directive for the NIA to investigate certain offences under the NDPS Act against the petitioner, we must also voice our deep concern over the increasing drug abuse in India. Despite the State’s efforts and exceptional coordination, this issue remains pervasive and devastating, affecting individuals across various age groups, communities, and regions. The criminal exploitation of this issue, including the use of drug trafficking profits to fund terrorism and other offences against the state, is alarming. Global studies show that easy access to narcotics exacerbates peer pressure and mental health issues, particularly among those facing academic stress and family dysfunction, which are significant contributors to these troubling trends.”
Court Calls for Open Dialogue on Drug Abuse
The Court expressed concern about the widespread abuse of illegal drugs in India, noting its severe impact across various age groups and communities.
“The consequences are profound, with profits fueling terrorism and violence, academic and family pressures contributing to the issue, and resulting in long-term social and economic instability. Peer pressure, academic stress, and the easy availability of drugs are triggering this crisis, with adolescents seeking emotional escape through substance abuse.”
The Court called for an open dialogue to guide the youth away from substance abuse. “Affectionate conversations with children are essential. Drug abuse should no longer be treated as a taboo. Open conversation is the solution,” the Bench stated.
The Court emphasized the importance of reforming individuals affected by substance abuse rather than demonizing them.
“The youth should not follow those who resort to drug abuse. Substance abuse victims come from all walks of life, not just the impoverished, and we must focus on reforming them to become productive citizens.”
Background
The Court made these remarks while refusing to interfere with the NIA’s investigation into Ankush Vipan Kapoor and denying his bail request.
The case originated from an FIR filed on January 29, 2020, against Sukhbir Singh @ Happy, who was allegedly involved in the illegal trade of weapons and heroin. Singh was arrested by the Special Task Force (STF) in Mohali, where 5.690 kg of heroin and a revolver were seized.
During questioning, Singh revealed that the car he was using belonged to Ankush Vipan Kapoor, leading to Kapoor’s arrest on the same day. From Kapoor’s property, authorities recovered 3.250 kg of heroin and various chemicals.
A second FIR was filed on January 31, 2020, based on information that Kapoor and his associates had stored a large quantity of heroin in Amritsar.
Further investigations led to the seizure of significant narcotics, including 188 kg of Dextromethorphan Powder, 25 kg of Caffeine, and other chemicals from Kapoor’s premises.
Kapoor was granted bail in both FIRs by the Punjab and Haryana High Court.
The case was later transferred to the NIA, which re-registered it due to the gravity of the matter. The NIA conducted further investigations, uncovering a larger conspiracy involving the smuggling of 500 kg of heroin from Pakistan to India.
The NIA claimed that Kapoor was linked to a narco-terrorist syndicate led by Simranjeet Singh Sandhu, who was orchestrating the drug operations. Kapoor was accused of being involved in the purification and preparation of heroin, procuring chemicals for this purpose, and managing the drug syndicate’s operations in Amritsar.
Subsequently, the NIA filed a petition in the High Court seeking the cancellation of Kapoor’s bail, citing new evidence that necessitated a review of his release due to the seriousness of the charges and his continued involvement in criminal activities.
On January 29 of this year, the High Court revoked Kapoor’s bail.
Dissatisfied, Kapoor approached the Supreme Court, which dismissed his petition today.
Case Title: Ankush Vipan Kapoor v. National Investigation Agency, SLP(Crl) No. 2819/2024
