In the case of Ankush Vipan Kapoor v. National Investigation Agency (NIA), the Supreme Court ruled that the NIA has the authority to investigate offences not listed in the schedule of the NIA Act, provided they are connected to scheduled offences. A bench comprising Justices B.V. Nagarathna and N.K. Singh upheld the Punjab & Haryana High Court’s decision to cancel bail granted to the accused, Kapoor, in a case involving the smuggling of 500 kg of heroin from Pakistan.
The Court emphasized that Section 8 of the NIA Act allows the NIA to investigate non-scheduled offences if they are linked to scheduled offences, provided the investigation is supported by the Central Government’s approval. The decision clarified that during the investigation of a scheduled offence, the NIA could investigate other accused and related offences if they arise during the probe.
Background
Kapoor was accused of operating a drug cartel linked to cross-border narcotics smuggling and managing financial transactions via hawala channels. Originally charged under the Narcotic Drugs and Psychotropic Substances Act (NDPS Act), a non-scheduled offence, the NIA added charges under the Unlawful Activities (Prevention) Act (UAPA), a scheduled offence.
The High Court cancelled Kapoor’s bail, emphasizing the gravity of the allegations and the necessity of custodial interrogation to disrupt the drug syndicate and its hawala operations.
Court’s Observations
The Court noted that the link between drug trafficking profits and terrorism funding posed a significant threat to national security. It expressed concern over the proliferation of drug abuse and its social consequences, urging enhanced efforts to tackle the issue.
The judgment also relied on the precedent in Pradeep Ram v. State of Jharkhand, reiterating that fresh cognizable offences against a bailed accused allow the investigating agency to seek arrest and custody.
The Court concluded that Kapoor’s custodial interrogation was essential to uncover the drug syndicate’s operations and its hawala networks, underscoring the severity of cross-border narco-terrorism. Consequently, the Court allowed the plea and upheld the cancellation of bail.
Case Details
Case Title: Ankush Vipan Kapoor v. National Investigation Agency
Case Number: SLP(Crl) No. 2819/2024
Judgment Pronounced By: Justices B.V. Nagarathna and N.K. Singh
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