LexANKUSH VIPAN KAPOOR versus NATIONAL INVESTIGATION AGENCY
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
[2024] 12 S.C.R. 1743 : 2024 INSC 986 Ankush Vipan Kapoor v. National Investigation Agency (Special Leave Petition (Criminal) No. 2819 of 2024) 16 December 2024 [B.V. Nagarathna* and Nongmeikapam Kotiswar Singh, JJ.] Issue for Consideration Whether the NIA can investigate only the same accused who is present in the NIA investigation qua Scheduled Offences and for non-scheduled offence by virtue of Section 8 of the National Investigation Agency, 2008; In other words, can the NIA investigate any other accused person who, although not being investigated for any Scheduled Offences could be investigated by NIA because there exists a link between the two namely, Scheduled and non-scheduled offences, thereby connecting every co-accused; Whether, the expression “the accused” in Section 8 of the NIA Act has to refer to only the accused in respect of whom a Scheduled Offence is being investigated or it could include any other accused whose name would emerge during the course of investigation of a Scheduled Offence and who has committed an offence which has a connection with the Scheduled Offence. Headnotes† National Investigation Agency, 2008 – ss.8, 6(5), 14 – Unlawful Activities (Prevention) Act, 1967 – ss.17, 18 – Narcotic Drugs and Psychotropic Substances Act, 1985 – While investigating a Scheduled Offence (an offence under UAPA), can NIA investigate an Unscheduled Offence (an offence under NDPS Act) – Orders passed by Central Government directing the NIA to investigate certain offences under the NDPS Act against the petitioner – Challenge to: Held: While investigating the offences u/ss.17 and 18 of UAPA (Scheduled Offences) by virtue of sub-section (5) of s.6, u/s.8 any other offence such as an offence under the NDPS Act connected * Author 1744 [2024] 12 S.C.R. Supreme Court Reports with the Scheduled Offences (ss.17 and 18 of the UAPA in the instant case) could also be investigated – But, such other offence must have a connection with the Scheduled Offence. [Para 7] 1.2 The investigation could also be of a person accused of an offence which has a connection with a Scheduled Offence which is being investigated on the basis of s.8 – Then, the Central Government may also direct any such offence also to be investigated on receipt of a report from the NIA as against any accused when it is already investigating a Scheduled Offence against a certain accused, as in the instant case provided that offence has a connection with the Scheduled Offence – s.8 has to be read in continuation of sub-section (5) of s.6 of the NIA Act – Thus, the NIA which is carrying on an investigation into any Scheduled Offence, can also investigate any other offence which any other accused may have committed provided such other offence is also an offence connected with the Scheduled Offence under investigation. [Paras 7.1, 7.3, 7.13] 1.3 Once the Central Government directs the NIA to investigate a Scheduled Offence and during the course of such investigation of a Scheduled Offence against an accused, it becomes necessary for the NIA to also investigate any other offence which the said accused is alleged to have committed, then such offence could also be investigated provided that other offence to be investigated is connected with the Scheduled Offence. [Para 7.3] 2.1 In the present case, the offences registered in FIR No.1/2018 at PS ATS, Ahmedabad, Gujarat (Gujarat case) and the offences registered against the petitioner herein under FIR No.20/2020 and under FIR No.23/2020 all being under the NDPS Act and in view of the connectedness of the offence under NDPS Act with the Scheduled Offence in Gujarat FIR No.01/2018 in respect of which the Central Government was of the opinion that the provisions of ss.17 and 18 of the UAPA (Scheduled Offences under the NIA Act) were also attracted as a result, the Central Government directed the NIA to investigate into the Scheduled Offences (ss.17 and 18 of the UAPA) on the basis of the initial order passed under sub- section (5) of s.6 of the NIA Act on 29.06.2021. [Para 8.6] 2.2 Accordingly, when the NIA was investigating into the Scheduled Offences in the Gujarat case, it forwarded reports to the Central Government in respect of FIR No.23/2020 registered at Police [2024] 12 S.C.R. 1745 Ankush Vipan Kapoor v. National Investigation Agency Station STF, District STF Wing, Amritsar, Punjab and FIR No.20/2020 registered at PS STF, SAS Nagar, Mohali, Punjab
Excerpt shown. Read the full judgment & AI analysis in Lexace.