NIA can probe those accused of non-scheduled offence if... : Supreme Court settles law

The Supreme Court on Monday denied bail to a man accused of being linked to a crime syndicate allegedly involved in smuggling 500 kilograms of heroin from Pakistan to India [Ankush Vipan Kapoor v. National Investigation Agency]..The National Investigation Agency (NIA) had taken over the investigation in this case, considering the grave allegations of cross-border illicit drug operations involved. Notably, the Division Bench of Justices BV Nagarathna and N Kotiswar Singh today ruled that the NIA is empowered to investigate not only those accused of offences found in the schedule to the NIA Act, but also those accused of offences that are not mentioned in this schedule in certain scenarios. The Court explained that the NIA can probe those accused of non-scheduled offences as well if such accused are suspected of being the connecting link between those accused of scheduled offences and the alleged crime."The expression “the accused” in Section 8 of the NIA Act cannot be restricted in its meaning and connotation to only the accused in respect of whom investigation is being carried out pursuant to sub-sections (4) and (5) of Section 6 of the NIA Act in respect of a Scheduled Offence. It could also include any other accused who has committed any other offence provided that other offence committed by any other accused has a connection or a nexus with the Scheduled Offence which is detected during the course of investigation of any Scheduled Offence," the Court held. .The Court arrived at this conclusion by taking an expansive view of Section 8 of the NIA Act which deals with the NIA's power to investigate connected offences. This Section says, "while investigating any Scheduled Offence, the Agency may also investigate any other offence which the accused is alleged to have committed if the offence is connected with the Scheduled Offence."Referring to this provision, the Court today held,"Any other accused (other than those accused of scheduled offences) can be probed - provided, the NIA is of the opinion that there is an accused (link) between scheduled offence and any other offence."The Court added that the trial against those accused of scheduled offences and "other accused" must be a joint trial. In view of these observations, the Court declined to interfere with the NIA's move to investigate some persons who are accused of non-scheduled offences in the present heroin smuggling case."Section 8 enabled NIA to probe even non-scheduled offence. We do not find any reason to quash the impugned orders issued by NIA. This writ petition dismissed," the Court held. .Open dialogue needed to tackle drug abuse: CourtThe Court also expressed deep concern over the abuse of illegal drugs in India."We note our disquiet regarding substance abuse in India. This is hard hitting and multifaceted and cuts across age groups and communities. Profits are being used to support terrorism and leading to violence. Academic pressure and family disturbances are also leading to the same which is leading to long term social and economic instability. Peer pressure, stress from academics and easy availability of drugs is a trigger and adolescents are also using it as emotional escapism," it said.The Court added that an open dialogue is needed to guide youth away from such substance abuse."The most important yearning of children is love and affection and a sense of security emanating from parents and family. Domestic violence and discord between parents; lack of time being spent by parents with children due to various reasons and compensating the same by pumping pocket money are some of the reasons why young adolescents are being veered towards escapism and substance abuse. Affectionate and friendly conversations between parents and children and a continuous assessment of the direction in which a child is proceeding is a duty which each parent must undertake," the Bench observed. .Domestic violence and discord between parents; lack of time being spent by parents with children due to various reasons and compensating the same by pumping pocket money are some of the reasons why young adolescents are being veered towards escapism and substance abuse.Supreme Court.The Court added that the focus of society should be on reforming those who fall prey to substance abuse, instead of demonising them."Youth must not follow those who resort to drug abuse. Victims of substance of abuse are only not limited to the downtrodden but cuts across economic barriers. We need not demonise the ones who have resorted to it but reform the individuals and make them constructive citizens.".Case background.The Court made these observations while declining to interfere with the NIA's probe against one Ankush Vipan Kapoor and refusing to grant him bail. The case stemmed from a first information report (FIR) registered on January 29, 2020 against one Sukhbir Singh @ Happy for allegedly dealing in illegal weapons and heroin. He was arrested by the Special Task Force (STF) in Mohali, where a significant quantity of heroin (5.690 kg) and a revolver were recovered.During interrogation, Sukhbir Singh disclosed that the car he was using belonged to the present appellant, Ankush Vipan Kapoor, leading to Kapoor's arrest on the same day. From Kapoor's premises, 3.250 kg of heroin and various chemicals were recovered.Thereafter, a second FIR was registered on January 31, 2020, based on information that Kapoor and his associates had stored a large quantity of heroin in Amritsar.During the investigation, a substantial amount of narcotics (188 kg of Dextromethorphan Powder, 25 kg of Caffeine, and other chemicals) was seized from Kapoor's location.Kapoor was granted bail in both FIRs by the Punjab and Haryana High Court..The case was then transferred to the NIA due to its serious implications, which thereafter re-registered the case and conducted further investigations, revealing a larger conspiracy involving the smuggling of 500 kilograms of heroin from Pakistan to India.The NIA claimed that Kapoor was connected to a narco-terrorist syndicate, working under one Simranjeet Singh Sandhu, who was orchestrating the drug operations. Kapoor was alleged to be involved in the purification and preparation of heroin, purchasing chemicals for this purpose, and managing the drug syndicate's operations in Amritsar.Thereafter, the NIA moved the High Court seeking cancellation of bail to Kapoor, arguing that the new evidence warranted a reconsideration of his release due to the severity of the charges and his ongoing involvement in criminal activities.On January 29 this year, the High Court cancelled the bail granted to Kapoor.Aggrieved, Kapoor had moved the apex court which dismissed his petition today..[Read Judgment].[Read Live Coverage]