“The Arc and Web of Drug Trade Cannot Be Permitted to Corrode the Shine of Youth”: Supreme Court Upholds NIA’s Authority in Narcotics Case

Keywords: Supreme Court, drug trade, NIA, narcotics trafficking, UAPA, NDPS Act, youth, national security, bail cancellation, cross-border syndicates.

The Supreme Court of India has issued a landmark ruling underscoring the severe national security and social challenges posed by the drug trade and its corroding effect on the country’s youth. In a strong statement, the Court remarked, “The debilitating impact of drug trade and drug abuse is an immediate and serious concern for India,” highlighting the state’s duty to address the root causes of this crisis.

Background of the Case

The case stemmed from a challenge to the Punjab and Haryana High Court’s decision on January 29, 2024, which canceled bail granted to the petitioner in a narcotics and arms trafficking case. The petitioner, initially granted bail in July 2021, was later linked to a cross-border smuggling network responsible for trafficking over 500 kilograms of heroin from Pakistan.

The National Investigation Agency (NIA) took over the case following its connection to cross-border drug syndicates and terrorism, invoking additional charges under the Unlawful Activities (Prevention) Act (UAPA). The petitioner challenged the cancellation of his bail and the central government’s decision to transfer the case to the NIA.

Petitioner’s Contentions

Represented by Senior Advocate Siddhartha Dave, the petitioner argued that:

1. The invocation of Section 8 of the NIA Act was improper, as the case primarily involved offences under the NDPS Act, which are non-scheduled offences under the Act.
2. There was no direct link between the petitioner and the Gujarat FIR, which justified transferring the case to the NIA.
3. The High Court’s cancellation of bail was unwarranted and should be overturned, as it violated the petitioner’s constitutional rights under Articles 14 and 21.

The petitioner requested the quashing of all orders transferring the case to the NIA and reinstatement of his bail.

Respondent’s Contentions

The Additional Solicitor General, Ms. Aishwarya Bhati, argued on behalf of the NIA and central government, justifying the transfer of the investigation and the cancellation of bail. She asserted that:

• The offences under the NDPS Act were directly linked to scheduled offences under the UAPA, involving cross-border narco-terror networks.
• The investigation revealed the petitioner’s connection to a broader syndicate, including other accused, such as Simarjeet Singh Sandhu.
• Section 8 of the NIA Act allows for the investigation of connected offences, irrespective of whether they are scheduled offences.

Supreme Court Observations

The Court upheld the High Court’s decision and provided a detailed interpretation of the NIA Act:

1. Section 8 and Connected Offences: The Court noted that under Section 8 of the NIA Act, the agency is empowered to investigate offences connected to scheduled offences. It emphasized that the law allows for a broad interpretation to ensure effective investigation and prosecution.
2. National Security and Drug Trade: The Court expressed concern over the growing threat posed by narcotics trafficking, especially its impact on the youth. It stated, “The arc and web of drug trade cannot be permitted to corrode the shine of the youth of India!”
3. Custodial Interrogation and Bail Cancellation: The Court supported the NIA’s request for custodial interrogation, given the gravity of the offences and the petitioner’s alleged involvement in a cross-border drug and terrorism network.

Judgment and Implications

The Supreme Court dismissed the writ petition, affirming:

• The NIA’s authority to investigate connected offences under the NDPS Act due to their nexus with scheduled offences under the UAPA.
• The High Court’s decision to cancel bail, citing the ongoing investigation and seriousness of the charges.

The judgment sends a strong message about the judiciary’s stance on drug trafficking and its implications for national security and public health. It reiterates the need for robust enforcement and accountability in cases involving narcotics and terrorism, reinforcing the state’s commitment to protecting the youth and society from the corrosive effects of the drug trade.

Case Details

Case Title: Ankush Vipan Kapoor v. National Investigation Agency
Case Number: Special Leave Petition (Criminal) No. 2819 of 2024
Citation: 2024 Latest Caselaw 787 SC
Coram: Justice B.V. Nagarathna and Justice Nongmeikapam Kotiswar Singh
Advocates:

• For the Petitioner: Adv. Vineet Dwivedi
• For the Respondent: Adv. Arvind Kumar Sharma

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