"Supreme Court Clarifies NIA's Powers in Investigating Linked Offenses under NDPS Act and UAPA" "Balancing national security concerns with procedural safeguards."

The Supreme Court addressed the interplay between the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) and the Unlawful Activities (Prevention) Act, 1967 (UAPA), focusing on the National Investigation Agency's (NIA) jurisdiction to investigate "connected offenses" under Section 8 of the NIA Act. The Court upheld the NIA's jurisdiction to probe linked narcotic offenses, provided they are connected to scheduled UAPA offenses. The judgment also emphasized the conditions under which bail may be canceled to facilitate thorough investigations, especially in cross-border narco-terrorism cases.

1. Background of the Case

FIRs Involved:

FIR No. 20/2020 and FIR No. 23/2020 under the NDPS Act in Punjab. FIR No. 1/2018 under NDPS Act and UAPA in Gujarat.

Key Allegations:

Smuggling and distribution of 500 kg of heroin via Pakistan linked to narco-terrorism. Accused involved in storage, purification, and distribution of narcotics. 2. Procedural History

Bail and Cancellation:

Bail granted to petitioner Ankush Vipan Kapoor in FIRs No. 20/2020 and 23/2020. High Court canceled bail, citing the need for custodial interrogation under NIA jurisdiction.

Transfer of Investigation:

FIRs in Punjab transferred to NIA under Sections 6(5) and 8 of the NIA Act. 3. Legal Issues Raised NIA's Jurisdiction: Can NIA investigate non-scheduled NDPS offenses if connected to UAPA-scheduled offenses? Violation of Rights: Alleged breach of Articles 14 and 21 (Equality and Liberty). 4. Supreme Court's Analysis

NIA's Powers under Section 8:

The Court held that NIA can investigate non-scheduled offenses connected to scheduled ones. The phrase "the accused" under Section 8 interpreted expansively to include other accused linked by connected offenses.

Suo Motu Power under Section 6(5):

The Central Government's suo motu transfer of NDPS-related FIRs to NIA upheld.

Role of Bail:

Custodial interrogation deemed essential to unearth international drug syndicate networks. 5. Rationale (Ratio Decidendi): Connection between NDPS offenses and UAPA-scheduled offenses justifies joint investigation by NIA. Expansive interpretation of "connected offenses" aligns with the legislative intent of the NIA Act, ensuring effective handling of complex national security cases. Acts and Sections Discussed:

NDPS Act, 1985:

Sections 21, 25, 27A, 29 (Drug trafficking and related activities).

UAPA, 1967:

Sections 17, 18 (Punishment for raising funds and conspiracy for terrorist acts).

NIA Act, 2008:

Section 6(5): Central Government's suo motu power for scheduled offenses. Section 8: NIA’s authority to investigate connected offenses.

Constitution of India:

Article 21: Protection of life and personal liberty. Article 14: Equality before the law. Subjects: NIA Act NDPS Act UAPA Narco-terrorism Cross-border smuggling Bail Cancellation Custodial Interrogation National Security

Issue of Consideration: ANKUSH VIPAN KAPOOR VERSUS NATIONAL INVESTIGATION AGENCY