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'UAPA can’t be invoked in gold smuggling case': Kerala HC
The court said smuggling can’t come under the purview of the act unless there were enough evidence to show that it was done with the intent to threaten the economic security of the country.
In a jolt to investigating agencies probing the high-profile Kerala gold smuggling case, the Kerala High Court on Thursday observed that the Unlawful Activities Prevention Act (UAPA) can’t be invoked in the case.
The court said smuggling can’t come under the purview of the act unless there were enough evidence to show that it was done with the intent to threaten the economic security of the country.
The HC bench of Justices Hari Prasad and MR Anitha also interpreted Section 15 (1) A of the UAPA and ruled that the act can’t be invoked in the smuggling case. The court said offence of smuggling will come under the provisions of the Customs Act and upheld the bail of 14 accused.
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Earlier, the NIA court in Kochi had granted bail to 14 accused in the case and it was challenged by the agency in the High Court citing UAPA provisions. But the HC upheld the lower court's verdict and observed that smuggling won’t come under the UAPA. Earlier, the NIA had claimed that the smuggling case had terror links and slapped the UAPA against the accused.
Last month, the NIA had filed charge-sheet against 20 accused under the UAPA. Legal experts said since UAPA provisions were removed, now central agencies will have to deal with only smuggling and money-laundering offences.
“On a reappraisal of the entire materials, we agree with the learned trial judge that materials produced before the court at that point of time are insufficient to hold prima facie that the accused persons have committed a terrorist act,” the court observed.
The gold smuggling case surfaced last July after 30 kilograms of gold was seized from a consignment camouflaged as a diplomatic bag in the UAE consulate in the state capital. Later, many including CM’s principal secretary M Sivasankar, a senior IAS officer, were arrested for helping the accused. After three months in judicial custody, he was granted bail last month.
