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TMI Blog2024 (12) TMI 880X X X X Extracts X X X X X X X X Extracts X X X X ..... Government directs the NIA to investigate a Scheduled Offence and during the course of such investigation of a Scheduled Offence against an accused, it becomes necessary for the NIA to also investigate any other offence which the said accused is alleged to have committed, then such offence could also be investigated provided that other offence to be investigated is connected with the Scheduled Offence. The expression the accused in Section 8 of the NIA Act needs to be interpreted contextually. Learned senior counsel for the petitioner submitted that the said expression has to be read narrowly and as per its plain meaning as referring to only the accused in respect of whom a Scheduled Offence is being investigated by the NIA and if such an accused has committed any other offence which is connected to the Scheduled Offence then such other offence could also be investigated by the NIA provided there is a connection with the Scheduled Offence - The expression Agency may also investigate any other offence which the accused is alleged to have committed has no doubt to be read with the rigour of if the offence is connected with the Scheduled Offence . In other words, if any other offence ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d in FIR No.1/2018 dated 12.08.2018 at PS ATS, Ahmedabad, Gujarat (Gujarat case) and the offences registered against the petitioner herein under FIR No.20/2020 dated 29.01.2020 and under FIR No.23/2020 dated 31.01.2020 all being under the NDPS Act and in view of the connectedness of the offence under NDPS Act with the Scheduled Offence in Gujarat FIR No.01/2018 in respect of which the Central Government was of the opinion that the provisions of Sections 17 and 18 of the UAPA (Scheduled Offences under the NIA Act) were also attracted as a result, the Central Government directed the NIA to investigate into the Scheduled Offences (Sections 17 and 18 of the UAPA) on the basis of the initial order passed under sub-section (5) of Section 6 of the NIA Act on 29.06.2021. When the NIA was investigating into the Scheduled Offences in the Gujarat case, it forwarded reports to the Central Government in respect of FIR No.23/2020 registered at Police Station STF, District STF Wing, Amritsar, Punjab dated 31.01.2020 and FIR No.20/2020 dated 29.01.2020 registered at PS STF, SAS Nagar, Mohali, Punjab under the provisions of the NDPS Act. On a consideration of the said reports and on the strength of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ein vide order dated 05.07.2021 in CRM-M No.23889 of 2021 in case bearing FIR No.20/2020 dated 29.01.2020 under Sections 21, 25, 27A, 29, 85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, NDPS Act ) and Sections 30, 53, 59 of the Arms Act, 1959 registered at Police Station Special Task Force (PS STF), District STF Wing, SAS Nagar, Mohali, Punjab State. The aforesaid FIR was registered against one Sukhbir Singh alias Happy on the statement of AIG Rachpal Singh. During interrogation of the aforesaid accused, the name of the petitioner surfaced. It was stated that the car in which he had been caught belonged to the petitioneraccused and the car had been given to him for onward delivery to a special person, code-named Baba Jani . On the same day, the petitioner was arrested from his shop R.C. Creations at Crystal Chowk, Amritsar. Pursuant to his disclosure statements, recovery of, inter alia, narcotic substance-heroin was made and a second recovery was made on 07.02.2020 and further recoveries were made pursuant to disclosure statement dated 11.02.2020. FIR No.23/2020 dated 31.01.2020 was registered under Sections 21, 25, 27A, 29 of NDPS Act at Police Station S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itioner herein and his other close aides in the drugs syndicate involved in the transportation, storage, purification, delivery and sale of drugs in Amritsar. 2.6 The petitioner herein moved an application for grant of anticipatory bail before NIA Special Court at Ahmedabad, Gujarat which was dismissed. The High Court vide order dated 26.09.2022 also dismissed his prayer for anticipatory bail. The NIA on completion of investigation, submitted challan before the NIA Special Court at Ahmedabad which has framed charges under Sections 17 and 18 of UAPA against 24 accused. On 02.05.2023, the NIA moved an application before the High Court of Punjab and Haryana seeking cancellation of bail granted to the petitioner in FIR No.20/2020. 2.7 On hearing the submissions on behalf of the NIA as well as on behalf of the petitioner accused, the High Court considered the case in light of Section 439 of Code of Criminal Procedure, 1973 (for short CrPC ) and the judgments applicable to the facts of the case. The High Court noted that the petitioner was granted bail by it on 05.07.2021 but thereafter on 13.10.2021, the Central Government in exercise of its powers under sub-section (5) of Section 6 rea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the NDPS Act has been entrusted to NIA in exercise of powers under Section 6(5) and Section 8 of the NIA Act. 3.1 At the outset, it is necessary to note that Section 3(2) of the NIA Act provides that subject to any orders of the Central Government, the NIA shall have throughout India in relation to the investigation of Scheduled Offences and arrest of persons concerned in such offences, all the powers, duties, privileges and liabilities which police officers have in connection with the investigation of offences committed therein. Importantly, while the offences under the NDPS Act do not find a place under the NIA Act, UAPA is mentioned in the Schedule to the NIA Act. Therefore, if any provision of the UAPA is attracted, the NIA could be directed to exercise jurisdiction to investigate the same. 3.2 The petitioner-accused is alleged to be one of the main accused operating an organized syndicate engaged in cross-border smuggling of drugs and narcotics substances allegedly making their way into India through Pakistan, Afghanistan and other countries. The petitioner-accused was first implicated only in FIR No. 20/2020 dated 29.01.2020 registered with PS STF, SAS Nagar, Mohali, Punjab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and to that end they had made a secret storage in the area of Sultanwind, Amritsar. Subsequent to the registration of FIR No.23/2020, recovery of 188.95 kgs Dextromethorphan Powder, 25.965 kgs Caffeine, 3 kgs Charcoal, 207.12 kgs intoxicant liquid chemical and other instruments for preparation of heroin was effected from House No.127-130, Akash Vihar, Sultanwind, Amritsar. It was alleged that the accused in the said FIR had established connections with smugglers from Dubai, Pakistan and Afghanistan. 3.5 On 11.06.2020, Chargesheet was filed in FIR No. 20/2020 under Sections 21, 25, 27-A, 29, 61, 85 of the NDPS Act and under Sections 30, 54, 59 of the Arms Act. Similarly, Chargesheet was filed in FIR No.23/2020 under Sections 21, 25, 27-A, 29, 61, 85 of the NDPS Act. Both the above chargesheets were, inter alia, against the petitioner herein. Notably, in both Chargesheets, at column 2 i.e. Accused who were not challaned one Simarjeet Singh Sandhu is mentioned. 3.6 The Central Government upon receipt of information regarding FIR No.01/2018 registered with PS ATS, Ahmedabad, Gujarat formed an opinion that a Schedule Offence has been committed and Sections 17 and 18 of the UAPA (Schedu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nted godown of Simarjeet Singh Sandhu at Aithor Village, near Unjha, Gujarat, where it was hidden for further transport to Amritsar, Punjab. 3.10 Thereafter, another Order was issued by the Ministry of Home Affairs on 28.06.2021 exercising its powers under Section 6(5) and Section 8 of the NIA Act to direct NIA to investigate FIR No. 23/2020 dated 31.01.2020. The Order notes that vide ID No. 18/PD/03cases/ATS/NIA/DLI/2020/(468)/7662 dated 18.6.2021, the NIA forwarded a report stating that FIR No.23/2020 under Sections 21, 25, 27 29 of NDPS Act is an offence connected to FIR No.01/2018, which was already transferred to NIA, and therefore NIA should be directed to investigate FIR No.23/2020 as well. This is the second order impugned in this writ petition. 3.11 In the meanwhile, the petitioner-accused had moved the High Court of Punjab and Haryana seeking regular bail in connection with FIR No.20/2020. On 05.07.2021, petitioner was enlarged on bail by the High Court in connection with FIR No.20/2020 and on 21.09.2021, the High Court similarly enlarged the petitioner on bail in connection with FIR No.23/2020. 3.12 Notably, the first FIR registered with PS STF, SAS Nagar, Mohali, Punjab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e petitioner herein has questioned the orders at Annexures P-4, P-6 and P-9, dated 29.06.2020, 28.06.2021, 12.10.2021 respectively, passed by respondent No.1, as being illegal and ultra vires the provisions of the NIA Act. Sri Dave submitted that the petitioner also has the protection of laws under Article 14 of the Constitution. That in the instant case alleging offences said to have been committed by the petitioner under the NDPS Act which are nonscheduled offences, the petitioner is sought to be investigated and proceeded against under Scheduled Offences, namely, Sections 17 and 18 of the UAPA (under the provisions of the NIA Act). It was submitted that the investigation into the FIRs registered under the provisions of the NDPS Act vis- -vis the petitioner, namely, FIR No.20/2020 dated 29.01.2020 and FIR No.23/2020 dated 31.01.2020, vide orders dated 28.06.2021 (Annexure P-6) and order dated 12.10.2021 (Annexure P-9) respectively, on the basis of Section 8 of the NIA Act, is illegal and ultra vires the provisions of Section 6 of the NIA Act. 4.1 In this context, learned senior counsel drew our attention to Section 6 of the NIA Act and with particular reference to subsections (1) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 8, learned Senior Counsel Sri Dave submitted that the said Section would be available only when an accused who has been investigated for a Scheduled Offence can also be investigated for any other offence which the accused is alleged to have committed only if the other offence is connected with the Scheduled Offence. In the instant case, the petitioner was not being investigated by the Punjab State Police for any Scheduled Offence but for non-scheduled offences under the provisions of the NDPS Act. The petitioner was not being investigated in respect of FIR No.01/2018 dated 12.08.2018 registered at PS ATS, Ahmedabad, Gujarat which is also in respect of non-scheduled offences. However, while handing over the investigation of the aforesaid FIR to the NIA, the Central Government by order dated 29.6.2020 invoked Sections 17 and 18 of the UAPA to connect the offences under the NDPS Act (non-scheduled offences) in order to enable the investigation of the accused named in FIR No.1/2018 dated 12.08.2018 registered at PS ATS, Ahmedabad, Gujarat for offences under the NDPS Act as well as under Sections 17 and 18 UAPA Act which are Scheduled Offences. It appears that while carrying out the i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... advanced on behalf of the petitioner in the writ petition are accepted by this Court and the orders at Annexures P-4, P-6 and P-9 assailed in the writ petition are quashed, then the impugned order of cancellation of bail by the High Court at the instance of the respondent NIA would have to be quashed. Consequently, the earlier order of the High Court granting bail would revive. The petitioner is willing to cooperate with the trial of the offences alleged against him under the NDPS Act before the Special Court in Punjab itself. Consequently, it is submitted that the transfer of the FIR and trial to Special Court, Ahmedabad would also have to be quashed. Learned senior counsel submitted that the arguments advanced in the writ petition be read as part and parcel of the arguments in the Special Leave Petition and the impugned order of cancellation of the petitioner s bail may be setaside and the earlier order dated 05.07.2021 granting bail may be revived. 4.5 On the other hand, learned ASG Ms. Aishwarya Bhati appearing for respondent Union of India and NIA, with reference to the counter affidavit filed on behalf of Union of India at the outset submitted that the writ petition is miscon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d investigation, the role of the petitioner was revealed, therefore, Orders at Annexures at P-6 and P-9 were issued. There is a clear link and connection between FIR No.1/2018 dated 12.08.2018 registered at PS ATS, Ahmedabad, Gujarat which is registered against certain accused persons under certain provisions of the NDPS Act wherein the provisions of UAPA Act are also attracted. Therefore, the Central Government directed the investigation of the aforesaid FIR in connection with Sections 17 and 18 of the UAPA which are Scheduled Offences; that the offences alleged against the petitioner herein are also under the provisions of the NDPS Act which are non-scheduled offences but those offences have a connection with Sections 17 and 18 of the UAPA which are Scheduled Offences inasmuch the investigation by the NIA of the aforesaid Scheduled Offences has detected the link between the petitioner herein with the accused in FIR No.01/2018 dated 12.08.2018 registered at PS ATS, Ahmedabad, Gujarat. That in respect of that FIR, the Central Government had already passed an order on 26.9.2020 invoking Sections 17 and 18 of the UAPA which are Scheduled Offences. Consequently, there is a vital conne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s and arrest of persons concerned in such offences, all the powers, duties, privileges and liabilities which police officers have in connection with the investigation of offences committed therein. (3) Any officer of the Agency of, or above, the rank of Sub- Inspector may, subject to any orders which the Central Government may make in this behalf, exercise throughout India, any of the powers of the officer-in-charge of a police station in the area in which he is present for the time being and when so exercising such powers shall, subject to any such orders as aforesaid, be deemed to be an officer-incharge of a police station discharging the functions of such an officer within the limits of his station. x x x x 6. Investigation of Scheduled Offences. (1) On receipt of information and recording thereof under section 154 of the Code relating to any Scheduled Offence the officer-incharge of the police station shall forward the report to the State Government forthwith. (2) On receipt of the report under sub-section (1), the State Government shall forward the report to the Central Government as expeditiously as possible. (3) On receipt of report from the State Government, the Central Gov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fence. x x x x 14. Powers of Special Courts with respect to other offences. (1) When trying any offence, a Special Court may also try any other offence with which the accused may, under the Code be charged, at the same trial if the offence is connected with such other offence. (2) If, in the course of any trial under this Act of any offence, it is found that the accused person has committed any other offence under this Act or under any other law, the Special Court may convict such person of such other offence and pass any sentence or award punishment authorised by this Act or, as the case may be, under such other law. 5.1 A perusal of the aforesaid provisions and the long title of the NIA Act elucidates that the NIA Act was enacted to constitute a national level investigation agency to investigate and prosecute offences, inter alia, affecting the sovereignty, security and integrity of India, and security of State. 5.2 Under Section 3(1), NIA has been constituted as a special agency for the investigation and prosecution of offences under the enactments specified in the Schedule to the NIA Act. Importantly, Section 6 provides for the initiation of investigation of Scheduled Offences ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of under Section 154 of the CrPC relating to any Scheduled Offence under the NIA Act by any officerin- charge of a police station being forwarded to the State Government. The State Government would then forward the report to the Central Government and on receipt of such a report from the State Government, the Central Government would determine whether the offence is a Scheduled Offence or not and having regard to the gravity of the offence and other relevant factors, whether it is a fit case to be investigated by the NIA. 5.7 However, sub-section (5) of Section 6 is akin to an exception to sub-section (1) to (4) of Section 6. It is a suo motu power vested with the Central Government to direct investigation of a Scheduled Offence which has been allegedly committed and which is required to be investigated under the said Act by the NIA. This power is de hors the power to be exercised by the Central Government under sub-sections (3) and (4) of Section 6. That is why sub-section (5) of Section 6 begins with a non-obstante clause and it is notwithstanding anything contained in Section 6 that the suo motu power can be exercised by the Central Government by forming an opinion. Sub-section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onomic security, or sovereignty of India or with intent to strike terror or likely to strike terror in the people or any section of the people in India or in any foreign country,-- (a) by using bombs, dynamite or other explosive substances or inflammable substances or firearms or other lethal weapons or poisonous or noxious gases or other chemicals or by any other substances (whether biological radioactive, nuclear or otherwise) of a hazardous nature or by any other means of whatever nature to cause or likely to cause- (i) death of, or injuries to, any person or persons; or (ii) loss of, or damage to, or destruction of, property; or (iii) disruption of any supplies or services essential to the life of the community in India or in any foreign country; or (iiia) damage to, the monetary stability of India by way of production or smuggling or circulation of high quality counterfeit Indian paper currency, coin or of any other material; or (iv) damage or destruction of any property in India or in a foreign country used or intended to be used for the defence of India or in connection with any other purposes of the Government of India, any State Government or any of their agencies; or (b) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... purpose of this section, (a) participating, organising or directing in any of the acts stated therein shall constitute an offence; (b) raising funds shall include raising or collecting or providing funds through production or smuggling or circulation of high-quality counterfeit Indian currency; and (c) raising or collecting or providing funds, in any manner for the benefit of, or, to an individual terrorist, terrorist gang or terrorist organisation for the purpose not specifically covered under section 15 shall also be construed as an offence. 18. Punishment for conspiracy, etc. Whoever conspires or attempts to commit, or advocates, abets, advises or incites, directs or knowingly facilitates the commission of, a terrorist act or any act preparatory to the commission of a terrorist act, shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine. Analysis : 7. Thus, if the provisions of Sections 17 and 18 of the UAPA are attracted in a given case being Scheduled Offences under the NIA Act, the Central Government, if it is of the opinion that such Offences have been committed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the two namely, Scheduled and non-scheduled offences, thereby connecting every co-accused. 7.3 On a plain reading of Section 8, it is clear that the said Section has to be read in continuation of what has been stated in subsection (5) of Section 6 of the NIA Act. Once the Central Government directs the NIA to investigate a Scheduled Offence and during the course of such investigation of a Scheduled Offence against an accused, it becomes necessary for the NIA to also investigate any other offence which the said accused is alleged to have committed, then such offence could also be investigated provided that other offence to be investigated is connected with the Scheduled Offence. 7.4 However, in our view, the expression the accused in Section 8 of the NIA Act needs to be interpreted contextually. Learned senior counsel for the petitioner submitted that the said expression has to be read narrowly and as per its plain meaning as referring to only the accused in respect of whom a Scheduled Offence is being investigated by the NIA and if such an accused has committed any other offence which is connected to the Scheduled Offence then such other offence could also be investigated by the N ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (i.e., an accused other than the accused who is being investigated) provided it has a connection with the Scheduled Offence. In such a contingency, the Central Government while invoking sub-section (5) of Section 6 read with Section 8 of the NIA Act can direct investigation of any other accused alleging he has committed an offence which is connected with the Scheduled Offence already being investigated. On such a direction by the Central Government the NIA can assume jurisdiction to investigate any other accused on the basis that he has committed an offence which has to be investigated along with the Scheduled Offence already under investigation. 7.7 The reasons for holding so shall be discussed. One reason being that Section 8 of the NIA Act applies not only when it is acting under sub-section (5) of Section 6 of the NIA Act; it also applies to sub-section (4) of Section 6 of the NIA Act where the Central Government acts on the receipt of a report from the State Government when information received by the officer-in-charge of the Police Station relates to any Scheduled Offence and the State Government has forwarded the report to the Central Government. Then, the Central Governmen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... led Offence is of critical importance and must be present in order to enable the NIA to investigate any other offence committed by an accused in connection with the Scheduled Offence. The connection between a Scheduled Offence and any other offence being established would enable the NIA to investigate the accused of committing any other offence which is connected with the Scheduled Offence. Once there is such a connection between a Scheduled Offence and a non-scheduled offence then, 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. 7.10 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed must be carried out jointly as far as practicable with the investigation of the accused already under progress owing to the connection between the Scheduled Offence and any other offence. 7.13 On a holistic reading of the 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. 7.14 Thus, so long as the connection between any offence committed by any other accused and the Scheduled Offence committed by the accused in respect of whom investigation has been handed over by the Central Government to the NIA is established, the NIA would be empowered to conduct an investigation of any other accused in respect of a Scheduled Offence which is connected with the Scheduled Offence committed by the accused in respect of whom the Central Government has handed over or directed the investigation to be conducted by it. Ther ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... egal. For ease of reference, the aforesaid orders are extracted as under: Annexure P-4 No 11011/44/2020/NIA Government of India Ministry of Home Affairs CTR Division North Block, New Delhi Dated, the 29th June, 2020 ORDER Whereas, the Central Government has received information regarding the registration of Come No.01/2018 dated 12.08.2018 at PS ATS, Gujarat under sections 8 (C), 21 (c), 24, 25, 27 (A) 29 of Narcotic Drugs and Psychotropic Substances (NDPS) Act relating to seizure 4.949 Kg. of heroin worth approximately Rs 15 crore by Gujarat ATS from Salaya Village, District Devbhoomi Dwarka of Gujarat, from the possession of arrested accused Aziz Abdul Bhagad do Salaya Check Post, District Dwarka; And whereas, the aforesaid arrested accused had brought total 300 k.g. of heroin in two rounds through sea route in his own ship and gave it do accused Rafik Adham Sumra R/o Mandvi, Kutch; And whereas, sections 17 and 18 of the Unlawful Activities (Prevention) Act, 1967 attracted in this case; And whereas, the Central Government is of the opinion that Scheduled Offence under National Investigation Agency Act, 2008 has been committed and, having regard to the gravity of the offence and g ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... India To 1. The Director General, National Investigation Agency, CGO Complex, Lodhi Road, New Delhi. 2. The Chief Secretary to the Government of Punjab. 3. DGP, Punjab Annexure P-9 No. 11011144/2020/NIA Government of India Ministry of Home Affairs CTCR Division North Block, New Delhi Dated, the 12th October, 2021 ORDER Whereas, in exercise of the powers conferred under sub-section (5) of section 6 read with section 8 of the NIA Act, 2008, the Central Government has, by order No.11011/44/2020/NIA dated 29 06 2020, directed the NIA to take up investigation of a case Crime No. 01/2018 dated 12.08.2018 registered at PS ATS, Gujarat under sections 8(c), 21(c), 24, 25, 27(A) 29 of Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 relating to seizure of 4.949 kg of heroin worth approximately Rs 15 crore by Gujarat ATS from Salaya village, District Devbhoomi Dwarka of Gujarat, from the possession of arrested accused Aziz Abdul Bhagad R/o Salaya Check Post, District Dwarka. The NIA re-registered the above said case as RC/26/2020/NIA/DLI dated 02.07.2020 under sections 8(c), 21 (c), 24, 25, 27(A) 29 of Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 and sections 17 18 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g Scheduled Offences under NIA Act, the Central Government was of the opinion that the said offence had grave national and international ramifications and therefore, it was required to be investigated by the NIA in accordance with the NIA Act. Therefore, in exercise of the powers conferred under sub-section (5) of Section 6 of the NIA Act, the Central Government directed the NIA to take up investigation of the aforesaid case i.e. under Sections 17 and 18 of the UAPA which are Scheduled Offences and in respect of which the offences registered under FIR No.1/2018 dated 12.08.2018 at PS ATS, Ahmedabad, Gujarat are connected with the Scheduled Offences. 8.2 Thereafter, Annexure P-6 order dated 28.06.2021 was passed by the Central Government in exercise of power under sub-section (5) of Section 6 read with Section 8 of the NIA Act in the backdrop of order dated 29.06.2020 and in continuation thereof. During the course of investigation as per the aforesaid order, NIA had forwarded a report vide ID No.18/PD/03cases/ATS/NIA/DLI /2020/(468)/7662 dated 18.06.2021 stating that FIR No.23/2020 dated 31.01.2020 registered at PS STF, Amritsar, Punjab under Sections 21, 25, 27 and 29 of NDPS Act i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0 Charge Sheet dt. 18.07.2020 in FIR No. 23/2020 Supplementary Charge Sheet No. 18/2020 dt. 07.08.2020 filed by NIA in FIR No. RC- 26/2020/NIA/DLI Supplementary Charge Sheet No. 18(A)/2021 dt. 24.05.2021 filed by NIA in FIR No. RC- 26/2020/NIA/DLI Sukhbir Singh alias Happy (Accused No. 1) Arman Bashar Mall (Accused No. 1) Aziz S/o Abdul Bhagad (Accused No. 1) Indresh Kumar (Accused No. 9) Ankush Kapoor (Petitioner) (Accused No. 2) Sukhwinder Singh (Accused No. 2) Rafik (Accused No. 2) Sukhwinder Singh (Accused No. 3) Major Singh (Accused No. 3) Nazir Ahmad (Accused No. 3) Charge Sheet dt. 11.06.2020 in FIR No. 20/2020 Charge Sheet dt. 18.07.2020 in FIR No. 23/2020 Supplementary Charge Sheet No. 18/2020 dt. 07.08.2020 filed by NIA in FIR No. RC- 26/2020/NIA/DLI Supplementary Charge Sheet No. 18(A)/2021 dt. 24.05.2021 filed by NIA in FIR No. RC- 26/2020/NIA/DLI Major Singh (Accused No. 4) Miss Tamanna Gupta (Accused No. 4) Arshad @ Raja Dubai (Accused No. 4) Mantej Singh (Accused No. 5) Mantej Singh (Accused No. 5) Manzoor Ahmad (Accused No. 5) Tamanna Putri Rakesh Gupta (Accused No. 6) Indresh Kumar (Accused No.6) Razak (Accused No. 6) Arman Bashar Mall (Accused No. 7) Sukhbir Singh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , 24, 25, 27A and 29 as well as Sections 21, 25, 27 and 29 of NDPS Act. Therefore, the offences registered in FIR No.1/2018 dated 12.08.2018 at PS ATS, Ahmedabad, Gujarat (Gujarat case) and the offences registered against the petitioner herein under FIR No.20/2020 dated 29.01.2020 and under FIR No.23/2020 dated 31.01.2020 all being under the NDPS Act and in view of the connectedness of the offence under NDPS Act with the Scheduled Offence in Gujarat FIR No.01/2018 in respect of which the Central Government was of the opinion that the provisions of Sections 17 and 18 of the UAPA (Scheduled Offences under the NIA Act) were also attracted as a result, the Central Government directed the NIA to investigate into the Scheduled Offences (Sections 17 and 18 of the UAPA) on the basis of the initial order passed under sub-section (5) of Section 6 of the NIA Act on 29.06.2021. 8.7 Accordingly, when the NIA was investigating into the Scheduled Offences in the Gujarat case, it forwarded reports to the Central Government in respect of FIR No.23/2020 registered at Police Station STF, District STF Wing, Amritsar, Punjab dated 31.01.2020 and FIR No.20/2020 dated 29.01.2020 registered at PS STF, SAS ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y reason to quash the impugned orders at Annexures P-4, P-6 and P- 9 issued by respondent No.1. The writ petition is hence liable to be dismissed and is dismissed. 8.10 In view of the aforesaid discussion, we find that the NIA was justified in seeking cancellation of bail granted to the petitioner herein by the High Court in respect of the offences alleged against him under the provisions of the NIA Act in the State of Punjab. This is because the said offences are now being investigated by the NIA and there is also transfer of the trial from the concerned Special Court in the State of Punjab to the Special Court in the State of Gujarat, to be tried along with Scheduled Offences under Sections 17 and 18 of the UAPA as per Section 14 of the NIA Act. Therefore, the special leave petition is also liable to be dismissed and is dismissed. The interim relief granted to the petitioner vide order dated 07.03.2024 and extended from time to time stands vacated. Epilogue : The Ripple Effects of Illicit Drug Trade and Drug Abuse : 9. Before parting with these cases, although we are mindful that the present matter concerns cancellation of bail and challenge to the Central Government Orders direc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se opioids in India. It was also borne out that substance use exists in all the population groups; however, adult men bear the brunt of substance use disorders. After alcohol, cannabis and opioids are the next most commonly used substances in India. About 2.8% of the population (3.1 crore individuals) reported having used cannabis and its products, of which 1.2% (approximately 1.3 crore persons) was illegal cannabis and its products. 9.4 Alarmingly, the rate of opioid dependence is pacing at an alarming rate, partly due to the ongoing narcotic trade across the country s borders and their consequent ease of availability. According to the MoSJE 2019 Report, there are approximately 77 lakh problem opioid users the Report defines problem users as those using the drug in harmful or dependent pattern in India. More than half of 77 Lakh problem opioid users in India are spread throughout the States of Uttar Pradesh, Punjab, Haryana, Maharashtra, Madhya Pradesh, Delhi, Andhra Pradesh, West Bengal, Rajasthan and Orissa. 9.5 Studies across the globe suggest that easy access to narcotic substances, peer pressure, and mental health challenges particularly in the context of academic pressure an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fe. No longer should drug abuse be treated as a taboo that parents disengage from. Instead, open discussions about drug use and its ill consequences will provide parents and children a safe space and equip children with the knowledge to help themselves out of peer pressure. Schools and Colleges : 9.10 Of equal importance is the need for schools and colleges to aid the government programs in educating students about the perils of drug abuse. They must include prevention of drug abuse in their curriculum, focusing on the physical, emotional, and legal consequences of drug abuse. Naturally, all efforts should be backed by scientific evidence and experiential learning. It is an urgent need that the Ministry of Social Justice and Empowerment s framework of National Action Plan for Drug Demand Reduction and other programs are given a boost and truly imbibed in drug education programs run by schools and colleges in the country. Local Communities and NGOs : 9.11 Local communities should work with NGOs and law enforcement agencies to create awareness campaigns that address the risks of drug abuse with a special focus on schools and youth centres. Either through awareness campaigns, communit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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