VidhiSangh

Supreme Court of India · 16/12/2024

ANKUSH VIPAN KAPOOR versus NATIONAL INVESTIGATION AGENCY

[2024] 12 S.C.R. 1743 · 2024 INSC 986

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Summary

The Supreme Court upheld the Central Government's orders under Section 6(5) read with Section 8 of the NIA Act transferring to the NIA the investigation of Punjab NDPS cases against the petitioner as offences connected with a Gujarat narco-terror case in which Sections 17 and 18 UAPA were invoked, holding that 'the accused' in Section 8 is not confined to persons already being investigated for the Scheduled Offence. It also upheld the cancellation of his bail, and added observations on the menace of drug abuse.

Issues

  1. Whether Section 8 of the NIA Act permits the NIA to investigate non-scheduled offences committed by a person who is not an accused in the Scheduled Offence under investigation, if those offences are connected with it.
  2. Whether the Central Government's orders directing the NIA to investigate the Punjab NDPS FIRs against the petitioner were valid under Section 6(5) read with Section 8 of the NIA Act.
  3. Whether the High Court rightly cancelled the bail granted to the petitioner on the NIA's application.

Provisions considered

Held

Result

Writ petition challenging the Central Government's orders and special leave petition against cancellation of bail dismissed; interim protection granted to the petitioner vacated.

Judgment PDF: Supreme Court of India, [2024] 12 S.C.R. 1743.