The Special Judge of the National Investigation Agency (NIA) Court trying the Unlawful Activities (Prevention) Act (UAPA) case against the accused in the diplomatic baggage gold smuggling case wanted the investigation agency to come up with a “good case” to substantiate its findings against the second line of accused in the case.
It was while considering the bail applications six accused on Monday that the court issued the directive to the agency.
If the agency fails to present a convincing case on Tuesday to justify allegations against the second line of accused, the judge said he would be inclined to favourably consider the bail application of the accused.
‘Delineate charges’
The court wanted the investigation agency to delineate the charges against the front-line accused and others.
The agency had invoked the Act against a few accused who had allegedly invested money for purchasing the gold, which was to be smuggled to India and those who had purchased the smuggled gold.
The court also instructed the agency to produce the case diary before it on Tuesday. The agency shall mark out the allegations raised against the accused in the case diary. If the allegations are not marked out against the accused and substantiated, the court shall assess it and take a decision on the bail application, said P. Krishnakumar, the Special Judge.
Accused’s contention
The three lawyers, who appeared for the accused, pointed out that the investigation agency could not come up with any evidence to prove the charges that the accused used the proceeds of the gold smuggling for terrorism activities or for funding terrorist organisations.
They contended that the UAPA charges would not stand against the accused.
They submitted that there had not been any significant progress in the investigation. The accused have spend already 80 days in the custody of the investigation agency. This was a case to be dealt under the Customs Act and not under the UAPA, they contended.
The NIA submitted that Vijayakumar P., Assistant Solicitor General, would appear in the case when the court considers the case.
