NIA can probe unscheduled offences linked with scheduled offences: SC

NIA can probe unscheduled offences linked with scheduled offences: SC

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NEW DELHI: The Supreme Court on Monday ruled that the National Investigation Agency (NIA) is empowered to investigate an offence, which is not included in the schedule of the NIA Act, if it is connected with an offence which is included in the schedule of the NIA Act.

A division bench comprising Justices BV Nagarathna and NK Singh clarified the legal position while upholding the order of the Punjab & Haryana High Court which cancelled the bail of an accused involved in a case of smuggling 500 kgs of heroin from Pakistan.

Denying bail to the accused, the SC held that the NIA has the power to investigate not only those accused of offences found in the schedule to the NIA Act, but also those accused of offences that are not mentioned in this schedule in certain scenarios.

The top court explained that the NIA can probe those accused of non-scheduled offences as well if such accused are suspected of being the connecting link between those accused of scheduled offences and the alleged crime.

“The expression ‘the accused’ in Section 8 of the NIA Act cannot be restricted in its meaning and connotation to only the accused in respect of whom investigation is being carried out pursuant to sub-sections (4) and (5) of Section 6 of the NIA Act in respect of a Scheduled Offence. It could also include any other accused who has committed any other offence provided that the other offence committed by any other accused has a connection or a nexus with the Scheduled Offence which is detected during the course of investigation of any Scheduled Offence,” the bench ruled.


In today’s judgement, the SC also expressed its concern over the abuse of illegal drugs in India.”We note our disquiet regarding substance abuse in India. This is hard hitting and multifaceted and cuts across age groups and communities. Profits are being used to support terrorism and leading to violence. Academic pressure and family disturbances are also leading to the same which is leading to long term social and economic instability. Peer pressure, stress from academics and easy availability of drugs is a trigger and adolescents are also using it as emotional escapism,” the judgement reads.

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