2024 Supreme(SC) 1195 ; 2024 Supreme(SC) 1196

SUPREME COURT OF INDIA
B.V. NAGARATHNA, NONGMEIKAPAM KOTISWAR SINGH, JJ.
Ankush Vipan Kapoor – Appellant
Versus
National Investigation Agency – Respondent
Special Leave Petition (Criminal) No. 2819 of 2024
With
Ankush Vipan Kapoor – Appellant
Versus
Union Of India & Another – Respondents
Writ Petition (Criminal) No.168 of 2024
Decided on : 16-12-2024

IMPORTANT POINTS
(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-scheduled offence.
(2) Scheduled Offence – Special agency – In case of an offence committed outside India to which NIA Act extends, Central Government can direct NIA to register case as well as take up investigation as if such offence has been committed in India.
(3) Expression “the accused” would have to be given an expansive and enlarged meaning.
(4) Ripple Effects of Illicit Drug Trade and Drug Abuse – Debilitating impact of drug trade and drug abuse is an immediate and serious concern for India – Preventing drug addiction among adolescents requires a concerted effort from multiple stakeholders: parents and siblings, schools and the community – Parents have a crucial role in prevention of drug abuse among adolescents.

Headnote:

(A) National Investigation Agency Act, 2008 – Sections 3, 6, 7, 8 and 14 – Crime investigation – Scheduled Offence – Special agency – In case of an offence committed outside India to which NIA Act extends, Central Government can direct NIA to register case as well as take up investigation as if such offence has been committed in India – What is necessary to confer power on NIA to investigate any other offence apart from a Scheduled Offence which has been directed to be investigated by it, “is the connection of” any other offence with Scheduled Offence – Expression “any other offence” is wide and expansive in nature – Connection with Scheduled Offence could be by any other Scheduled Offence under NIA Act or any other offence which may not be a Scheduled Offence under provisions of NIA Act but nevertheless has a connection with Scheduled Offence under provisions of NIA Act. (Paras 5.7 and 5.8)

(B) Unlawful Activities (Prevention) Act, 1967 – Sections 15, 16, 17 and 18 – National Investigation Agency Act, 2008 – Sections 2(1)(g) and 8 – Scheduled Offence – NIA investigation – During course of investigation of an accused alleged to have committed a Scheduled Offence, if, it emerges or it is detected that said accused along with any other accused has committed other offence/s, then investigation with regard to any other offence committed by some other accused along with accused said to have committed Scheduled Offence could also be carried out by requesting Central Government for a direction to investigate other accused – Such other accused may have committed an offence which has a connection with Scheduled Offence of accused who is being investigated and Section 8 provides such a contingency – 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-scheduled offence – Nexus or connection between any other offence and Scheduled Offence is of critical importance and must be present in order to enable NIA to investigate any other offence committed by accused in connection with Scheduled Offence – Expression “the accused” would have to be given an expansive and enlarged meaning – 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 Scheduled Offence under investigation – Scope of powers of NIA under Section 8 of NIA Act has to be interpreted expansively and not in a narrow manner. (Paras 7.8, 7.9, 7.13 and 7.14)

(C) Criminal Procedure Code, 1973 – Sections 439(2) [Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 483(3)] – Narcotic Drugs and Psychotropic Substances Act, 1985 – Sections 21, 25, 27A, 29 and 85 – Bail – Petition for cancellation – Drug offence – NIA was justified in seeking cancellation of bail granted to petitioner by High Court in respect of offences alleged against him under provisions of NIA Act in State of Punjab – Said offences are now being investigated by NIA and there is also transfer of trial from concerned Special Court in State of Punjab to Special Court in State of Gujarat, to be tried along with Scheduled Offences under Sections 17 and 18 of UAPA as per Section 14 of NIA Act – Special leave petition dismissed and interim relief granted to petitioner time to time stands vacated. (Para 8)

(D) Narcotic Drugs and Psychotropic Substances Act, 1985 – Sections 21, 25, 27A, 29 and 85 – Constitution of India – Article 47 – Ripple Effects of Illicit Drug Trade and Drug Abuse – Ills of drug abuse seem to be shadowing length and breadth of our country with Central and every State Government fighting against menace of substance abuse – Debilitating impact of drug trade and drug abuse is an immediate and serious concern for India – As globe grapples with menace of escalating Substance Use Disorders (“SUD”) and an ever accessible drug market, consequences leave a generational imprint on public health and even national security – Article 47 of Constitution makes it a duty of State to regard raising of level of nutrition and standard of living of its people and improvement of public health as among its primary duties – Substance abuse is linked to social problems and can contribute to child maltreatment, spousal violence, and even property crime in a family – Profits from drug trafficking are increasingly used for funding terrorism and supporting violence – In many cases, adolescents resort to drugs as a form of escapism, trying to cope with personal and emotional issues – Preventing drug addiction among adolescents requires a concerted effort from multiple stakeholders: parents and siblings, schools and the community – Given disturbing rise in adolescent drug use, urgent interventions are needed – Parents have a crucial role in prevention of drug abuse among adolescents – Affectionate and friendly conversations between parents and children and a continuous assessment of direction in which a child is proceeding is a duty which each parent must undertake – Local communities should work with NGOs and law enforcement agencies to create awareness campaigns that address risks of drug abuse with a special focus on schools and youth centres – Deep-rooted in our constitutional philosophy and social fabric is vision to facilitate every citizen to be a constructive citizen, the best they can be – Arc and web of drug trade cannot be permitted to corrode shine of youth of India.(Paras 9.1, 9.2, 9.6, 9.7, 9.9, 9.11, 9.16 and 9.17)

Facts of the case:

Special Leave Petition (Crl.) No.2819 of 2024 has been filed by petitioner assailing impugned order dated 29.01.2024 passed by High Court of Punjab and Haryana in CRM-M No.24743 of 2023 cancelling bail granted to petitioner vide its Order dated 05.07.2021.

Findings of Court:

It is sad that vulnerable children turn to drugs as an escapism from emotional distress and academic pressures or due to peer pressure. Unfortunate reality is that victims of substance abuse are not limited to unfortunate ones who have fallen prey to it but also include their family and peers. Our approach towards victims of drug abuse must not be to demonize victims but to rehabilitate them.

Result : Special Leave Petition dismissed.