NIA can investigate other accused connected with scheduled offences: SC

New Delhi: The Supreme Court on Monday said the National Investigation Agency could investigate other accused who might have also committed certain crimes connected with the scheduled offences.

A bench of Justice B V Nagarathna and Justice N Kotiswar Singh said once there was such a connection between a scheduled offence and a non-scheduled offence, for all practical purposes, the non-scheduled offence would come within the connection of a scheduled offence.

“Therefore, it is held that the accused who may have committed a non-scheduled offence having a connection with a scheduled offence can be investigated by the NIA in respect of a non-scheduled offence,” held the bench.

The top court’s verdict came while dismissing a plea filed by Ankush Vipan Kapoor alleged to be one of the main accused persons operating an organised syndicate engaged in cross-border smuggling of drugs and narcotics substances allegedly making their way into India through Pakistan, Afghanistan and other countries.

“It is reiterated that, while investigating the accused regarding scheduled offences, if the NIA submits a report about some other accused who may have also committed certain offences connected with the scheduled offences under investigation then the Central government on a consideration of such a report may exercise suo motu powers and direct the NIA to also investigate the other accused also provided the offences alleged against the other accused are offences, having a connection with the scheduled offence already under investigation,” it said.

On the aforesaid basis, the court said the NIA would be enabled to also carry out an investigation of any other accused who have committed an offence connected with the scheduled offence under investigation.

“This would be in the realm of a joint investigation into scheduled offences, which may have occurred in different parts of the country but having a connection with other offences also,” the top court said.

The apex court said the expression “accused” would have to be given an expansive and enlarged meaning in the above context having regard to the object and purpose of Section 8 of the NIA Act and the context in which provision had to be interpreted.