ANKUSH VIPAN KAPOOR versus NATIONAL INVESTIGATION AGENCY

ANKUSH VIPAN KAPOOR versus NATIONAL INVESTIGATION AGENCY

Section 8 of the NIA Act must be read in continuation of Section 6(5); while investigating Scheduled Offences (e.g. UAPA ss.17,18) the NIA may investigate other offences and other accused whose offences are connected with the Scheduled Offence, and the Central Government may direct such investigation on the basis of NIA reports; consequently the impugned orders directing NIA to investigate the Punjab NDPS FIRs in continuation of the Gujarat UAPA-linked investigation were valid and the petitions fail.

Parties
Petitioner: Ankush Vipan Kapoor; Respondent: National Investigation Agency
Jurisdiction
India
Judgment Date
16 December 2024
Procedural Posture
Special Leave Petition (criminal) No. 2819 of 2024; Writ Petition (crl.) No. 168 of 2024 / Judgment
Outcome
Special Leave Petition and Writ Petition dismissed
Legal Topics
Section 8 NIA Act Interpretation, Section 6(5) NIA Act Suo Motu Powers, Connection Between Scheduled and Non Scheduled Offences, Interpretation of the Expression "the Accused" in S.8, Cancellation of Bail, Transfer of Trial to Special Court, Narco Terrorism and Cross Border Drug Trafficking
Criminal Law Constitutional Law Administrative Law Narcotics Law Terrorism Law Section 8 NIA Act Interpretation Section 6(5) NIA Act Suo Motu Powers Connection Between Scheduled and Non Scheduled Offences +4 more

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Parties

Ankush Vipan Kapoor

Petitioner

National Investigation Agency

Respondent

Procedural Posture

Special Leave Petition (criminal) No. 2819 of 2024; Writ Petition (crl.) No. 168 of 2024 / Judgment

Legal Issues

  1. 1 Whether NIA can investigate non-scheduled offences and other accused under Section 8 while investigating Scheduled Offences under Section 6(5) of the NIA Act
  2. 2 Whether the expression "the accused" in Section 8 refers only to the accused in respect of whom a Scheduled Offence is being investigated or includes other accused who emerge during investigation and have committed offences connected with the Scheduled Offence
  3. 3 Whether the Central Government orders dated 29.06.2020, 28.06.2021 and 12.10.2021 directing NIA to investigate the Punjab FIRs are valid

Ratio Decidendi

Section 8 of the NIA Act must be read in continuation of Section 6(5); while investigating Scheduled Offences (e.g. UAPA ss.17,18) the NIA may investigate other offences and other accused whose offences are connected with the Scheduled Offence, and the Central Government may direct such investigation on the basis of NIA reports; consequently the impugned orders directing NIA to investigate the Punjab NDPS FIRs in continuation of the Gujarat UAPA-linked investigation were valid and the petitions fail.

Court Disposition

Special Leave Petition and Writ Petition dismissed

Orders

  • Writ petition dismissed
  • Special Leave Petition dismissed