Back
B. V. NAGARATHNA, N. KOTISWAR SINGH
Ankush Vipan Kapoor – Appellant
Versus
National Investigation Agency – Respondent
JUDGMENT :
NAGARATHNA, J.
The Writ Petition as well as the Special Leave Petition filed by the very same petitioner raising similar questions of law and facts have been heard together and are disposed of by this common judgment.
Factual Background:
2. Special Leave Petition (Crl.) No.2819 of 2024 has been filed by the petitioner assailing the impugned order dated 29.01.2024 passed by the High Court of Punjab and Haryana in CRM-M No.24743 of 2023 cancelling the bail granted to the petitioner vide its Order dated 05.07.2021.
2.1 The National Investigation Agency (for short, “NIA”) filed CRM- M No.24743 of 2023 before the Punjab and Haryana High Court seeking cancellation of bail granted to the petitioner herein vide order dated 05.07.2021 in CRM-M No.23889 of 2021 in case bearing FIR No.20/2020 dated 29.01.2020 under Sections 21, 25, 27A, 29, 85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, “NDPS Act”) and Sections 30, 53, 59 of the Arms Act, 1959 registered at Police Station Special Task Force (PS STF), District STF Wing, SAS Nagar, Mohali, Punjab State. The aforesaid FIR was registered against one Sukhbir Singh alias Happy on the statement of AIG Rachpal Singh
(1) Scheduled Offence – NIA investigation – Accused who may have committed a non-scheduled offence having a connection with a Scheduled Offence can be investigated by NIA in respect of a non-schedule....
Offence of Attempt to Murder - Bail Application - Power under Section 439 cannot be exercised when there is specific provision in the statute for filing appeal before High Court against an order of g....
The main legal point established is that the bail application under the NIA Act is maintainable under Section 439 of the Cr.P.C. if the case has not been notified to the Central Government as require....
An application under Section 482 Cr.P.C. challenging a Special Court's refusal to discharge is not maintainable; remedies are available under Section 21(1) of the NIA Act.
The main legal point established in the judgment is the necessity of strict enforcement and custodial interrogation for effective investigation in drug trafficking cases under the NDPS Act.
The court emphasizes the need for effective coordination among enforcement agencies to address drug-related issues and hold officials accountable.
Scheduled offence – All offences under UAPA, Special Court alone has exclusive jurisdiction to try such offences.
Point of law: It emanates from the scheme of the NIA Act that the scheduled offence is one enumerated in the schedule appended to the NIA Act. Thus, any further declaration in this regard by the Cent....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
