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Supreme Court of India 2024-12-16 dismissed

ANKUSH VIPAN KAPOOR vs NATIONAL INVESTIGATION AGENCY

Bench: 2 — B.V. Nagarathna, Nongmeikapam Kotiswar Singh

In Brief

Ankush Vipan Kapoor was arrested for alleged drug trafficking offences under the NDPS Act. After bail was granted by the Punjab and Haryana High Court, the NIA sought and obtained cancellation when the investigation was transferred to it as part of a larger narco-terrorist smuggling conspiracy involving 500 kg of heroin from Pakistan. The petitioner challenged both the Central Government's orders transferring cases to the NIA and the bail cancellation. The Supreme Court held that Section 8 of the NIA Act must be read expansively: the NIA can investigate any accused whose non-scheduled offence is connected with a Scheduled Offence being investigated, provided a nexus is established. Here, the petitioner's NDPS offences were connected to Scheduled Offences (UAPA Sections 17-18) involving common accused and an integrated cross-border smuggling conspiracy. The bail cancellation was justified. Both petitions dismissed.

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National Investigation Agency Criminal Procedure Narcotic Drugs and Psychotropic Substances Unlawful Activities Prevention Act Bail and Custody Constitutional Law Statutory Interpretation

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