NIA Can Investigate Unscheduled Offences Connected With Scheduled Offences : Supreme Court

The Supreme Court held that the National Investigation Agency (NIA) has the power to investigate an offence, which is not included in the schedule of the NIA Act, if it is connected with an offence which is included in the schedule of the NIA Act.The Court clarified this legal position while upholding the order of the Punjab & Haryana High Court which cancelled the bail of a man accused in a case involving 500 kgs of heroin smuggling from Pakistan, observing that his custodial interrogation would be required to know the "hawala channels."As per the schedule of the NIA Act, offences under eight laws are mentioned. In the present case, offences under the Narcotic Drugs and Psychotropic Substances Act (NDPS Act), which are not scheduled offences, were also involved.In this case, the investigations to the National Investigation Agency revealed that a cross-border organized crime syndicate was involved in the smuggling of a huge quantity of narcotics (Heroin) weighing 500 kilograms, which had been smuggled from Pakistan to India through sea route into the State of Gujarat. The aforesaid consignment orchestrated by Pakistani nationals, was transported to the State of Punjab for sale.It was alleged by the NIA that the accused is the main aide of the wanted accused, against whom charges under the Unlawful Activities (Prevention) Act were slapped, and had been entrusted with the task of running a drug cartel in the State of Punjab alongside managing financial transactions through the Hawala Channel. The question was, while investigating an offence under UAPA, which is a scheduled offence under NIA Act, could an offence under NDPS, which is not a scheduled offence, be investigated?A bench of Justices BV Nagarathna and NK Singh pronounced the judgment, where the question before the Court was: "The interpretative challenge which has come to the forefront in which case is due tot he fact that certain co-accused who are present in FIR no. 20/2020 and FIR no.23/2020, who was not accused in the prior FIR no. 1/2018 registered in the State of Gujarat. Therefore, the question is whether the National Investigation Agency (NIA) can investigate only the same who is present in the entire investigation for scheduled offences and for non-scheduled offence by virtue of Section 8 of the NIA Act. The Court held that the NIA can investigate another accused, although not being investigated for any scheduled offence,could be investigated by NIA, if there exists a link between the scheduled and non-scheduled offences. The Court said: "While investigating the accused of a scheduled offence, any other accused could also be investigated in the strength of Section 8 of the NIA Act provided the following conditions presents are applicable: 1. NIA is of the opinion that during the investigation, any other accused who has alleged to have committed an offence having a connection with the scheduled offence has also to be investigated. 2. Report may be submitted by the NIA incorporating the aforesaid opinions to the central government; 3. Central government on consideration of such a report in exercise of its suo moto powers under Section 5(6) read with Section 8 of the NIA Act directs the investigation be carried out of any other accused. 4. The said investigation of any other accused must be carried out jointly as far as practicable with the investigation of the accused already under progress owing to the connection between the scheduled offence and any other offence."Further, the Court has dedicated an epilogue part of the judgment raising concerns about drug abuse. The Court said: "Although we are mindful that the present matter concerns cancellation of bail and challenges to the central government order directing NIA to investigate certain offences under the provisions of the NDPS Act against petitioner herein, we would like to record out earnest disquiet against the proliferation of drug abuse in India. Despite the efforts of the State and unprecedented chain of coordination..this menace, so hard-hitting and multifaceted that it causes suffering cutting across age groups, communities, and regions...it is the endeavour to profit from it and use the proceed therefore for committing other offences against society and State such as conspiracy against the State, funding terrorism activities. Profits from drug-trafficking are increasingly used for funding terrorism and violence...studies across the globe suggest easy access to narcotics leads to peer-pressure and mental health challenges particularly in the context of academic pressure and family dysfunction could be significant contributors to this disturbing trends."BackgroundThe NIA had moved the High Court seeking cancellation of bail of Ankush Vipan Kapoor, who was accused in several cases, including dealing in illegal weapons and Heroin and smuggling a massive quantity of contraband. He was booked under Sections 21, 25, 27-A, 29, 85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ...

NIA Can Investigate Unscheduled Offences Connected With Scheduled Offences : Supreme Court

Gursimran Kaur Bakshi

Tags