Enhancing the powers of the National Investigation Agency (NIA), the Supreme Court on Monday ruled that the agency’s powers are not limited to investigating the offenses mentioned in the schedule of the NIA Act or those accused of committing such “scheduled offences”.
A bench of Justices BV Nagarathna and N Kotiswar Singh interpreted Section 8 of the NIA Act saying “While investigating scheduled offences, the NIA may also investigate any other offense alleged to have been committed by the accused if the other offense is connected with the scheduled offence.”
“On an overall reading of Section 8, the expression ‘accused’ cannot be restricted to only the accused in respect of whom investigation is being carried out by the NIA for any scheduled offence. The NIA, which is investigating any scheduled offence, may also investigate any other offense which If such other offense may have been committed by the other accused, it is also an offense related to the scheduled offense under investigation,” it added.
Monday’s judgment made it clear that “any other offence” in the provision is “broad and detailed in nature” and may or may not be an offense in the NIA schedule “but nevertheless has a connection with a scheduled offense under the provisions of the NIA Act.” The court said this while upholding the Punjab and Haryana High Court’s order denying bail to Ankush Bipan Kapoor, who is facing charges of a Rs 100 crore heroin smuggling racket from Pakistan.
Kapoor had challenged the central government’s action in handing over the investigation of FIRs registered under the NDPS Act. NDPS offenses are not specified in the NIA Act Schedule.
The NIA was asked to take over NDPS cases after it had already handed over investigations into offenses under the UAPA. UAPA offenses are offenses prescribed under the NIA Act. The SC said the government action was “… in accordance with the NIA Act. This is because … we have discovered a connection, a nexus and a link between the scheduled offenses investigated by the NIA under Sections 17 and 18 of the UAPA.”
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