SC expands NIA powers: Agency can probe non-scheduled offences linked to cases under its purview

“On a holistic reading of section 8, the expression ‘the accused’ cannot be restricted to only the accused in respect of whom investigation is being carried out by the NIA for any Scheduled Offence. 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,” it added.

Monday’s judgment clarified that “any other offence” in the provision “is wide and expansive in nature” and may or may not be a an offence in the NIA Schedule “but nevertheless has a connection with the Scheduled Offence under the provisions of the NIA Act.” The court said this while upholding an order of the Punjab and Haryana High Court cancelling bail granted to one Ankush Vipan Kapoor, facing charges in connection with a racket smuggling heroin worth `100 crore from Pakistan.

Kapoor had challenged the action of the central government in entrusting the investigation of FIRs registered under the NDPS Act. NDPS offences are not specified in the NIA Act Schedule.

NIA was asked to take over the NDPS cases after it had already been entrusted probe into offences under UAPA. UAPA offences are scheduled offences under the NIA Act. SC said the government action is “in accordance with…the NIA Act. This is because…we find there is a connection, nexus and a link which has been brought out between the Scheduled Offences investigated by NIA under Sections 17 and 18 of UAPA.”