Case Note & Summary
The Supreme Court dismissed the Special Leave Petition and Writ Petition filed by Ankush Vipan Kapoor, challenging the cancellation of his bail by the Punjab and Haryana High Court. The petitioner was initially granted bail in FIR No.20/2020 and FIR No.23/2020 registered under the NDPS Act and Arms Act. Subsequently, the Ministry of Home Affairs transferred the investigation of these FIRs to the National Investigation Agency (NIA) under Section 6(5) and Section 8 of the NIA Act, as the offences were linked to a larger conspiracy of cross-border narco-terrorism involving 500 kgs of heroin smuggled from Pakistan to Gujarat. The NIA had already registered a case under the UAPA and NDPS Act, and charges were framed against 24 accused, including the petitioner's associate Sukhbir Singh alias Happy. The NIA moved for cancellation of bail, arguing that custodial interrogation was necessary to investigate the petitioner's role in the drug syndicate. The High Court allowed the application, noting the gravity of the allegations and the need for thorough investigation. The Supreme Court upheld the High Court's order, holding that subsequent events, including the transfer of investigation to NIA and the framing of charges under UAPA, constituted valid grounds for cancellation of bail. The Court emphasized that the power to cancel bail under Section 439 CrPC can be exercised when new circumstances emerge that necessitate custodial interrogation for effective investigation. The Court also rejected the petitioner's challenge to the transfer of investigation, holding that the Central Government's orders were valid under the NIA Act. The petitions were dismissed, and the petitioner was directed to surrender to custody.
Headnote
A) Criminal Procedure - Bail Cancellation - Section 439 CrPC - Cancellation of bail granted under NDPS Act - High Court cancelled bail after NIA took over investigation and framed charges under UAPA for cross-border narco-terrorism - Held that subsequent events, including transfer of investigation to NIA and framing of charges under UAPA, constitute valid grounds for cancellation of bail to enable thorough investigation and custodial interrogation (Paras 2.7-2.8). B) Narcotic Drugs - Narco-Terrorism - Sections 8(c), 21(c), 24, 25, 27A, 29 NDPS Act read with Sections 17, 18 UAPA - Cross-border smuggling of 500 kgs heroin - Petitioner's involvement in drug syndicate - Held that allegations of narco-terrorism and links with international drug cartel justify cancellation of bail for effective investigation (Paras 2.4-2.8). C) National Investigation Agency - Transfer of Investigation - Sections 6(5) and 8 of NIA Act - Central Government transferred investigation of NDPS Act cases to NIA - Held that NIA has jurisdiction to investigate scheduled offences under UAPA, and transfer is valid to probe larger conspiracy of narco-terrorism (Paras 3.1-3.2).
Issue of Consideration
Whether the High Court was justified in cancelling the bail granted to the petitioner under the NDPS Act, given the subsequent transfer of investigation to NIA and allegations of cross-border narco-terrorism involving UAPA offences.
Final Decision
The Supreme Court dismissed the Special Leave Petition and the Writ Petition, upholding the High Court's order cancelling bail and the Central Government's orders transferring investigation to NIA.
Law Points
- Bail cancellation under Section 439 CrPC
- Transfer of investigation to NIA under Section 6(5) and Section 8 of NIA Act
- Narco-terrorism and UAPA applicability
- Custodial interrogation necessity
