TaxTMI 
TaxTMI 
2024 (12) TMI 880
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....filed by the very same petitioner raising similar questions of law and facts have been heard together and are disposed of by this common judgment. Factual Background: 2. Special Leave Petition (Crl.) No.2819 of 2024 has been filed by the petitioner assailing the impugned order dated 29.01.2024 passed by the High Court of Punjab and Haryana in CRM-M No.24743 of 2023 cancelling the bail granted to the petitioner vide its Order dated 05.07.2021. 2.1 The National Investigation Agency (for short, "NIA") filed CRMM No.24743 of 2023 before the Punjab and Haryana High Court seeking cancellation of bail granted to the petitioner herein 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 petiti....
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....appy had been arrested by STF Punjab in FIR No.20/2020 dated 29.01.2020 under certain provision of the NDPS Act and Arms Act, 1959 registered at PS STF, SAS Nagar, Mohali, Punjab and after recovery being made, FIR No.23/2020 dated 30.01.2020 had been registered under certain provisions of the NDPS Act at Police Station STF, District STF Wing, Amritsar, Punjab. The NIA took custody of Sukhbir Singh alias Happy from the NIA Special Court at Ahmedabad, Gujarat after being produced by the Amritsar jail authorities in pursuance of production warrants. During his custodial interrogation, accused Sukhbir Singh alias Happy revealed the involvement of the petitioner 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....
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....t allowed the application filed by NIA and cancelled the bail granted by it by order dated 05.07.2021 so as to enable the NIA to thoroughly investigate into the offences which had been added into the offences alleged. Being aggrieved by the impugned order, the petitioner has preferred the instant Special Leave Petition. Writ Petition (Crl.) No.168 of 2024: 3. This writ petition was preferred by the petitioner challenging the action of the Central Government in issuance of Orders dated 29.06.2020, 28.06.2021 and 12.10.2021 by the Ministry of Home Affairs, CTCR Division, North Block, New Delhi, wherein the investigation of FIRs which were primarily registered under 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 co....
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....wing items were recovered: i. heroin weighing 3.25 kgs.; ii. 3 transparent plastic bags along with a can containing ammonia solution; iii. one plastic bag containing 500 grams of codeine charcoal powder; and iv. 500 ml of hydrochloride acid. 3.4 Subsequently, on 31.01.2020, on the basis of the statement of Sh. Rashpal Singh AIG, STF Border Range, Amritsar, FIR No. 23/2020 was registered with PS STF, SAS Nagar, Mohali, Punjab. It is alleged that secret information was received that the petitioneraccused along with companions Sukhwinder Singh, Major Singh, Tamana Gupta, Afghanistani Arman Bashar Mall, Simarjeet Singh Sandhu and others sell contraband drugs to customers for profit 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 Du....
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.... No.10 in the re-numbered FIR registered by NIA on 02.07.2020 is a co-accused in the FIRs registered in Punjab and, as already noted, is marked as 'Accused Persons not challaned' in chargesheets filed under Section 173 of the CrPC in both the cases. 3.9 Further investigation by NIA revealed a larger conspiracy of smuggling huge quantity of heroin from Pakistan to India that was funding terrorist activities. Therefore on 07.08.2020, Chargesheet was dispatched by NIA under Section 120-B IPC, Sections 8(c), 21(c), 24, 25, 27(A) and 29 of the NDPS Act and Sections 17 & 18 of the UAPA in the Court of Special Judge at Ahmedabad, constituted under NIA Act, 2008. The aforesaid Chargesheet listed Simarjeet Singh Sandhu as wanted accused No.2 as allegedly substantial quantity of heroin was delivered to his aides at a rented 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 n....
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....en added against co-accused "Simarjeet Singh Sandhu". 3.15 Aggrieved by the order of the High Court cancelling bail, petitioner-accused preferred SLP (Crl.) No. 2819/2024, wherein this Court granted the petitioner-accused interim protection from coercive steps. In addition, the present writ petition has been preferred challenging the aforesaid three Orders of the Central Government entrusting upon the NIA to investigate the aforesaid offences under the NDPS Act as connected offences. Submissions of the Parties : 4. Sri Siddhartha Dave, learned senior counsel appearing for the petitioner has premised his arguments on the basis of Article 21 of the Constitution of India which states that no person shall be deprived of his life or personal liberty except according to the procedure established by law. On the strength of Article 21, the 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 insta....
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....s. It was contended that the investigation that was handed over to the NIA by the Central Government by virtue of Annexure P-4 order dated 29.6.2020 was in respect of FIR No.1/2018 dated 12.08.2018 registered at PS ATS, Ahmedabad, Gujarat under certain provisions of the NDPS Act on the premise that Sections 17 and 18 of the UAPA Act were also attracted in the case against certain accused persons. However, those accused persons are not accused in the FIR registered against the petitioner herein. In the absence of there being any connection either with the accused against whom offences have been registered by the Gujarat State Police or with any Scheduled Offence being registered against the petitioner herein, Section 8 of the NIA Act could not have been invoked against the petitioner as if he had committed a Scheduled Offence. 4.2 Referring to Section 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 c....
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....r herein is concerned. It was contended that in the absence of there being any connection between the offences alleged against the petitioner herein with the offences alleged against the accused by the Gujarat Police, the invocation of Section 8 of the NIA Act for passing of the impugned orders is illegal and arbitrary and in total violation of Articles 14 and 21 of the Constitution. Learned senior counsel submitted that the writ petitions may be allowed and the orders issued at Annexures P-4, P-6 and P-9 insofar as the petitioner is concerned, may be quashed and set-aside. 4.4 Learned senior counsel, Sri Dave, further submitted that the High Court which has granted bail to the petitioner herein vide order dated 05.07.2021 could not have, at the instance of NIA, cancelled the bail by the impugned order dated 29.01.2024. He submitted that if the arguments 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 o....
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....ng, Amritsar, Punjab in FIR No.23/2020 reveals that the petitioner herein along with accused Sukhbir alias Happy (A10) had brought chemicals at the behest of accused Simarjeet Singh Sandhu (WA-2) for refinement and purification of heroin at Amritsar. With reference to the details in the counter affidavit, it was pointed out by the learned ASG that the petitioner herein is closely associated with the kingpin and wanted accused Simarjeet Singh Sandhu (WA-2) and other accused which fact has been corroborated by the disclosure statements of other accused and the petitioner herein has received huge sums of money for distribution and transporting of narcotic drug heroin. That the NIA was already investigating FIR No.01/2018 dated 12.08.2018 at PS ATS, Ahmedabad, Gujarat in respect of certain accused including Sukhbir Singh alias Happy (A-10) and during the course of said 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 A....
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....re gamut of facts involved, the Punjab and Haryana High Court, by the impugned order, has rightly cancelled the bail granted to the petitioner herein and the same does not call for any interference by this Court as there are no merits in the Special Leave Petition which may be dismissed. National Investigation Agency, 2008: 5. Sections 3, 6, 7, 8 and 14 of the NIA Act are extracted as under: "3. Constitution of National Investigation Agency.-(1) Notwithstanding anything in the Police Act, 1861 (5 of 1861), the Central Government may constitute a special agency to be called the National Investigation Agency for investigation and prosecution of offences under the Acts specified in the Schedule. (2) Subject to any orders which the Central Government may make in this behalf, officers of the Agency 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. (3) Any officer of the Agency of, or above, the rank of Sub- Inspector may, subject....
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....nion that a Scheduled Offence has been committed at any place outside India to which this Act extends, it may direct the Agency to register the case and take up investigation as if such offence has been committed in India. (9) For the purposes of sub-section (8), the Special Court at New Delhi shall have the jurisdiction. 7. Power to transfer investigation to State Government.-While investigating any offence under this Act, the Agency, having regard to the gravity of the offence and other relevant factors, may- (a) if it is expedient to do so, request the State Government to associate itself with the investigation; or (b) with the previous approval of the Central Government transfer the case to the State Government for investigation and trial of the offence. 8. Power to investigate connected offences.-While investigating any Scheduled Offence the Agency may also investigate any other offence which the accused is alleged to have committed if the offence is connected with the Scheduled Offence. 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 a....
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....icers have in connection with the investigation of offences committed therein. Sub-section (3) of Section 3 states that subject to any orders which the Central Government may make, any officer of the NIA, of or above the rank of a Sub-Inspector, may 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-in-charge of a police station discharging the functions of such an officer within the limits of his station. 5.5 The superintendence of the NIA vests in the Central Government vide sub-section (1) of Section 4 of the NIA Act. The NIA is headed by Director General appointed by the Central Government akin to the powers exercised by a Director General of Police in respect of the police force in a State, as the Central Government may specify in that behalf vide sub-section (2) of Section 4. 5.6 Sub-sections (1) to (4) of Section 6 relate to receipt of information and recording thereof under Section 154 of the CrPC relating to any Scheduled Offence under the NIA Act by any officerin- ch....
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....f" any other offence with the Scheduled Offence. The expression "any other offence" is wide and expansive in nature. The connection with the Scheduled Offence could be by any other Scheduled Offence under the NIA Act or any other offence which may not be a Scheduled Offence under the provisions of NIA Act but nevertheless has a connection with the Scheduled Offence under the provisions of the NIA Act. Unlawful Activities (Prevention) Act, 1967 : 6. Under the Schedule to the NIA Act, inter alia, the offences under the UAPA are Scheduled Offences. Section 2(1)(g) of the NIA Act defines Scheduled Offence to mean an offence specified in the Schedule to the NIA Act. 6.1 The UAPA in Chapter IV defines a terrorist act in Section 15 and punishment for raising fund for a terrorist act in Section 17 while punishment for a terrorist act is under Section 16. Section 18 of UAPA speaks about punishment for conspiracy. Sections 15, 16, 17 and 18 of the UAPA are extracted as under: "15. Terrorist Act.- (1) Whoever does any act with intent to threaten or likely to threaten the unity, integrity, security, economic security, or sovereignty of India or with intent to strike terror....
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....ied in the Second Schedule. 16. Punishment for terrorist act-(1) Whoever commits a terrorist act shall,- (a) if such act has resulted in the death of any person, be punishable with death or imprisonment for life, and shall also be liable to fine; (b) in any other case, 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. 17. Punishment for raising funds for terrorist act.- Whoever, in India or in a foreign country, directly or indirectly, raises or provides funds or collects funds, whether from a legitimate or illegitimate source, from any person or persons or attempts to provide to, or raises or collects funds for any person or persons, knowing that such funds are likely to be used, in full or in part by such person or persons or by a terrorist organisation or by a terrorist gang or by an individual terrorist to commit a terrorist act, notwithstanding whether such funds were actually used or not for commission of such act, shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to im....
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....is of Section 8 of the NIA Act. Then, the Central Government may also direct any such offence also to be investigated on receipt of a report from the NIA as against any accused when it is already investigating a Scheduled Offence against a certain accused, as in the instant case provided that offence has a connection with the Scheduled Offence. Also, the NIA has been conferred wide powers under Section 8 of the NIA Act to also investigate into any other offence committed by the accused in respect of whom a Scheduled Offence is being investigated provided the offence is connected with the Scheduled Offence under the Schedule to the NIA Act. 7.2 The interpretive challenge that has come to the forefront in this case is due to the fact that there are certain co-accused persons who are present in FIR No.20/2020 and FIR No.23/2020 who are not accused under the prior FIR No. 01/2018 registered in the State of Gujarat. Therefore, the question is whether, the NIA can investigate only the same accused who is present in the NIA investigation qua Scheduled Offences and for non-scheduled offence by virtue of Section 8 of the NIA Act. In other words, can the NIA investigate any other accused ....
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....of such other offence with the Scheduled Offence. 7.6 The question is, whether, the expression "the accused" in Section 8 of the NIA Act has to refer to only the accused in respect of whom a Scheduled Offence is being investigated or it could include any other accused whose name would emerge during the course of investigation of a Scheduled Offence and who has committed an offence which has a connection with the Scheduled Offence. In our view, 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 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. More importantly, in the case of any other accused, the offences alleged need not be Scheduled Offences, it could be any offence but must necessarily have a connection with the Scheduled Offence. I....
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....e the offence said to have been committed by any other accused has a connection with the Scheduled Offence. One cannot determine the manner in which such information may emanate while carrying out an investigation in respect of the accused who is alleged to have committed a Scheduled Offence and who may have also committed any other offence (non-scheduled offence) which could be along with any other accused in respect of whom no direction may yet have been issued to carry on an investigation by the NIA under Section 6(5) of the NIA Act but exercise of jurisdiction under Section 8 may become necessary. Therefore, during the course of investigation of an accused alleged to have committed a Scheduled Offence, if, it emerges or it is detected that the said accused along with any other accused has committed other offence/s, then investigation with regard to any other offence committed by some other accused along with the accused said to have committed the Scheduled Offence could also be carried out by requesting the Central Government for a direction to investigate the other accused. Such other accused may have committed an offence which has a connection with the Scheduled Offence of th....
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....found and in order to give it a contextual connotation so as to advance the object and purpose of the provision. Section 8 of the NIA Act has to be given a purposive and meaningful interpretation and one which would advance the object of Section 6 and other provisions of the Act and cannot be read in a curtailed and narrow fashion as submitted by learned senior counsel for the petitioner. 7.12 We have interpreted Section 8 of the NIA Act in such a way that while investigating the accused of a Scheduled Offence, any other accused could also be investigated on the strength of Section 8 provided the following condition precedents are applicable: (i) the NIA is of the opinion that during an investigation, any other accused who is alleged to have committed an offence having a connection with the Scheduled Offence has also to be investigated. In other words, there is a connection between the Scheduled Offence under investigation and any other offence committed by any other accused; (ii) a report by the NIA is submitted incorporating the aforesaid opinion to the Central Government; (iii) the Central Government on consideration of such a report, in exercise of....
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....me. In that regard, it is noteworthy that the Act, especially Section 6 of the NIA Act, is offence-centric and not accused-centric. The Act revolves around effective investigation of Scheduled Offences. Similarly, the central concern of Section 8 of the NIA Act is defining the scope of offences that can be investigated by the NIA and on what basis and not who are the accused. 7.17 Additionally, we might also note that the phraseology of Section 8 of the NIA Act also establishes that the NIA can only widen its investigation to a non-scheduled offence only 'while investigating any Scheduled Offence'. Importantly, the NIA has not been given unbridled power to initiate investigation of a connected and non - scheduled offence in the absence of an investigation of any Scheduled Offence. In our opinion, this speaks to the Parliament's wisdom to build safeguards within the text of the NIA Act. 7.18 Therefore, the submission of learned senior counsel Sri Dave to read Section 8 of the NIA Act in a restrictive fashion and not expansively, does not advance the object and purpose of the Act and particularly Section 6 thereof and hence, is rejected. Analysis on facts of these cases : ....
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.... CTCR Division In FIR No.23/2020 North Block, New Delhi Dated, the 28 June, 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 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, And whereas, the NIA, vide Its ID No. 18/PD/03 cases/ATS/NIA/DLI/2020/(468)/7662 dated 18.06.2021, has forwarded a report stating that FIR No.23/2020 dated 31.01.2020 registered at PS STF, Amritsar, Punjab, under sections 21, 25, 27 & 29 of NDPS Act is a connected offence. Whereas, Section 8 of the NIA Act, 2008 provides that "while Investigating any Scheduled Offence, the Agency m....
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....(468)/1613 6 dated 28.09.2021, has forwarded a report stating that FIR No.20/2020 dated 29.01 2020 registered at PS STF, SAS Nagar, Amritsar, Punjab, under sections 21 of the NDPS Act and 25 of the Arms Act, is a connected offence with RC/26/2020/NI//DLI dated 02.07.2020 of the NIA; Whereas, Section 8 of the NIA Act, 2008 provides that "While investigating any Scheduled Offence, the Agency may also investigate any other offence which the accused is alleged to have committed, if the offence is connected with the Scheduled Offence". And therefore, in continuation of the order No. 11011/44/2020/NIA dated 29.06.2020 and 28.06.2021, which directs the NIA to take up the investigation under section 6(5) read with section 8 of the NIA Act, 2008, the NIA may investigate the FIR No.20/2020 dated 29.01.2020 registered at PS STF, SAS Nagar, Amritsar, Punjab, as per the provision of section 8 of the National Investigation Agency Act, 2008 Sd/- (Rajeev Kumar) Under Secretary to the Government of India To 1. The Director General, National Investigation Agency, CGO Complex, Lodhi Road, New Delhi 2. Chief Secretary to the Gover....
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....he basis of the report forwarded by NIA vide its ID No.18/PD/03/cases/ATS/Gujarat/NIA/DLI/2020/(468)/16136 dated 28.9.2021 stating that FIR No.20/2020 dated 29.01.2020 registered at Police Station STF, District STF Wing, Amritsar, Punjab is a connected offence with RC/26/2020/NI//DLI dated 02.07.2020 of the NIA by invoking Section 8 directed that the NIA may investigate the FIR No.20/2020 dated 29.01.2020 registered at PS STF, SAS Nagar, Mohali, Punjab. 8.4 For ready reference, the relevant details as to the accused under the three FIRs and charge-sheets filed before the transfer of FIR No.23/2020 to the NIA are culled out from the record as under: ACCUSED IN FIRST INFORMATION REPORTS FIR No.01/ 2018 dt. 12.08.2018 FIR No. RC 26/2020/NIA/DLI dt. 02.07.2020 FIR No. 20/2020 dt. 29.01.2020 FIR No. 23/2020 dt. 31.01.2020 PS. ATS, Dist. Ahmedabad, Gujarat (renumbered FIR No. 01/2018) PS NIA Hqrs, New Delhi PS STF, SAS Nagar, Mohali, Punjab PS STF, Amritsar, Punjab Aziz Abdul Bhagad Aziz Abdul Bhagad Happy Ankush Kapoor Rafik Adham Sumra Sukhwinder Singh Nazir Ahmad Major Singh &n....
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....cused No. 6) Indresh Kumar (Accused No.6) Razak (Accused No. 6) Arman Bashar Mall (Accused No. 7) Sukhbir Singh alias Happy (Accused No.7) Karim (Accused No. 7) Kuldeep Singh (Accused No. 8) Ankush Kapoor (Accused No.8) Sunil Vithal Barmase (Accused No. 8) Malkit Singh (Accused No. 9) Hanitpal Singh (Accused No. 9) Shahid Kasam Sumra (Wanted Accused-1) Accused which were not challaned: Simranjit Singh Sandhu Sahil Sharma (Accused No. 10) Simranjit Singh Sarabjit Singh Sandhu (Wanted Accused-2) Accused which were not challaned: Gagandeep Singh Indresh (Wanted Accused-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 Tanveer Singh Bedi Accused which were not challaned: Baijaan Anwar Masih Haji Sab alias Bhaijaan (Wanted Accused-4) Accused who were not challa....
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....nt 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 Nagar, Mohali, Punjab under the provisions of the NDPS Act. On a consideration of the said reports and on the strength of Section 8 of the NIA Act, the Central Government passed orders to investigate into the offences alleged against the petitioner herein on the premise that those offences have a connection with the Scheduled Offences. 8.8 It is apparent that before the date of directing NIA to investigate FIR No.23/2020 i.e. 28.06.2021, two Supplementary Charge-Sheets had been filed by the NIA. One on 07.08.2020, wherein Simarjeet Singh Sandhu and Indresh Kumar were arrayed as WA-2 and WA-3 respectively. Another Supplementary Charge- Sheet was filed on 24.05.20....
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....g 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 directing the NIA to investigate certain offences under the provisions of NDPS Act against the petitioner here, we would like to record our earnest disquiet about the proliferation of substance abuse in India. 9.1 The ills of drug abuse seem to be shadowing the length and breadth of our country with the Central and every State Government fighting against the menace of substance abuse. The debilitating impact of drug trade and drug abuse is an immediate and serious concern for India. As the globe grapples with the menace of escalating Substance Use Disorders ("SUD") and an ever accessible drug market, the consequences leave a generational imprint ....
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....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 and family dysfunction could be significant contributors to this disturbing trend. Addiction at a young age can derail academic, professional and personal aims, leading to long-term socio-economic instability of almost an entire generation. The psychological impact of drug abuse, including depression, anxiety, and violent tendencies, further exacerbates the problem. 9.6 The reasons behind this rise in juvenile addiction are complex. Peer pressure, lack of parental affection, care and guidance, stress from academic pressures and the easy availability of drugs contribute to this alarming trend. In many cases, adolescents res....
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....uld 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, community outreach or peer education, communities can play a critical role in creating knowledgeable safe space that curb the use of drugs. NALSA : 9.12 The National Legal Services Authority and State Legal Authorities must devise awareness programs and implement them particularly in vulnerable regions of the States and territories more exposed to drug menace. NCPCR and NCB : 9.13 There is a need for more synergies along the lines of Joint Action Plan on "Prevention of Drugs and Substance Abuse among Children and Illicit Trafficking" developed by the National Commission for Protection of Child....