Nearly one and a half years after the National Investigation Agency (NIA) filed the chargesheet in the diplomatic channel gold smuggling case, the proceedings in the case seem to have run out of steam.
None of the accused, including Swapna Suresh, Faisal Fareed, Sandeep Nair and P.S. Sarith, have so far moved the discharge petition, the option available for them to free themselves from the case even before the commencement of the trial.
It was on January 5, 2021 that the NIA filed the chargesheet against 21 accused in the case following the seizure of around 30 kg of gold from Thiruvananthapuram International Airport on July 20, 2020. Though the agency had booked 21 persons, eight others, whom the agency believe had a role in the smuggling operations, are absconding. The NIA case was that the accused had knowingly conspired since June 2019 and raised funds and smuggled 167 kg of gold from the United Arab Emirates (UAE) through import cargo addressed to the diplomats at the Consulate General of the UAE in Thiruvananthapuram.
The NIA had invoked Sections 16 (Punishment for terrorist act), 17 (Punishment for raising funds for terrorist act), and 18 (Punishment for conspiracy) of the Unlawful Activities (Prevention) Act against the accused. It had argued that large-scale smuggling of gold was done with the intention to damage the monetary stability of India, which was an act of terrorism under Section 15 of the Act.
Appeal against bail
The case remains in ‘suspended animation’ as the Supreme Court is yet to consider the NIA’s appeal against the granting of bail to all the accused.
While some of the accused secured bail from the special court, some others walked to freedom by obtaining bail from the Kerala High Court.
During the bail plea, the special court had wondered whether the allegation of smuggling of gold was sufficient enough to invoke UAPA against the accused. The High Court also observed that the facts narrated and the charges alleged did not reveal that the accused had any connection with any terrorist act under Section 15 of the UAPA.
Even if the accused are not moving the discharge petition, the trial court will have to scrutinise the chargesheet and ascertain whether the alleged offences would prima facie hold good and the charges merit a trial, pointed out legal sources. If the charges are not found maintainable, the case would be dropped, sources said.
The gold smuggling case had generated much heat in the political circles of the State as P. Sivasankar, the then Principal Secretary to the Chief Minister, was booked by the Customs and the Enforcement Directorate in the case. The Customs had booked Sivasankar along with Swapna and others in the U.S. Dollar smuggling case too.
However, the NIA had not arraigned Sivasankar as an accused in the UAPA case. The investigation agencies did not succeed in interrogating the UAE nationals, who were allegedly involved in the smuggling activities as they enjoyed diplomatic immunity.
