Whether offenses under the NDPS Act could be investigated by the NIA?

Facts of the Case

The case pertains to the involvement of Ankush Vipan Kapoor in a cross-border drug syndicate alleged to smuggle and distribute narcotics. Initially investigated under multiple FIRs registered under the NDPS Act, it was later connected to offenses under the UAPA, including terrorism-related activities. The Central Government entrusted the NIA with the investigation, linking Kapoor’s alleged activities to a larger narco-terrorism network involving international smuggling routes from Pakistan and other regions.

Contentions of the Appellant

The appellant challenged:

1. The Central Government’s transfer of investigations to the NIA under the NIA Act, arguing that the alleged NDPS Act offenses were not Scheduled Offenses under the Act.
2. The inclusion of UAPA provisions as unjustified in the context of his involvement.
3. The cancellation of his bail as arbitrary, emphasizing compliance with legal requirements and no direct evidence implicating him in UAPA Scheduled Offenses.

Contentions of the Respondent

The NIA contended:

1. That the appellant was part of a narco-terror network linked to Scheduled Offenses under the UAPA.
2. That substantial evidence, including recovery of drugs and chemicals, pointed to his involvement in refining and distributing narcotics.
3. That custodial interrogation was critical to uncovering the depth of the conspiracy and its international connections.

Issues of the Judgment

1. Whether the Central Government’s decision to transfer investigations to the NIA under the NIA Act was justified.
2. Whether offenses under the NDPS Act could be investigated by the NIA due to their connection with Scheduled Offenses under the UAPA.
3. Whether the cancellation of bail granted to the appellant was legally sustainable.

Observations/Findings by the Supreme Court

The Supreme Court held that:

1. The Central Government had the authority to transfer investigations to the NIA under Sections 6(5) and 8 of the NIA Act if a connection to Scheduled Offenses under the UAPA was established.
2. The evidence indicated a connection between the appellant’s alleged actions and larger narco-terror activities, justifying the inclusion of UAPA provisions.
3. The cancellation of bail was valid due to the seriousness of the allegations and the need for a thorough investigation.

Principle of the Case

The principle established in this case is the expansive interpretation of the NIA’s powers to investigate connected offenses under Section 8 of the NIA Act. It affirms the State’s responsibility to address national security threats posed by narco-terrorism while ensuring procedural fairness.

Final Order

The Supreme Court upheld the Central Government’s orders transferring investigations to the NIA and affirmed the cancellation of the appellant’s bail. It directed expedited investigation and trial, emphasizing strict compliance with procedural safeguards.

Importance of This Judgment to Society

This judgment underscores the importance of a coordinated national approach to combating narco-terrorism. It highlights the judiciary’s role in enabling robust mechanisms for addressing threats to national security while safeguarding individual rights. By clarifying the application of the NIA Act, it strengthens the legal framework for tackling cross-border crime and terrorism.

Case Citation

Court Name: Supreme Court of India
Case Title: Ankush Vipan Kapoor v. National Investigation Agency & Another
Case No.: Special Leave Petition (Criminal) No. 2819 of 2024
Date of Judgment: December 16, 2024
Judge(s): Nagarathna, J.