Swapna Suresh, the second accused in the diplomatic baggage gold smuggling case, was denied bail as the trial court found that there were sufficient grounds to believe that the accusations made against her were prima facie true.
While maintaining that the Unlawful Activities (Prevention) Act will hold good against her considering the charges of attempting to destabilise the country’s economy as defined under the Act, the NIA Special Judge noted that currently there was nothing on record to show that the proceeds of the gold smuggling were used or intended to be used for funding terrorism. It was a matter that requires deeper probe by the National Investigation Agency (NIA) considering the international connections in the case, the court said.
The NIA had invoked Section 16 (punishment for terrorist act) 17 (punishment for raising funds for terrorist) and 18 (punishment for conspiracy).
The court noted that there was nothing on record to prove that the accused or her associates had any connection, directly or indirectly, with terrorists or terrorist organisations
The trial court found weight in the arguments of the investigation agency that an act of terrorism was not needed to attract the provisions of the Act. The NIA had also contended that the accused had the knowledge and intention that the smuggling would upset the economic security of the country. The economic security, as defined under the Act, included financial, monetary and fiscal stability, it argued.
The judge relied on the entries in the case diary presented by the NIA and the statements given by the accused to the investigation officer that while smuggling gold, she was aware that her acts would damage on the economy.
The judge did not find acceptable the arguments of the defence lawyer that the case was politically motivated and Swapna was caught in between the political battle between the State and the Union governments. The Chief Minister himself had written to the Prime Minister seeking a probe, the judge pointed out.
There was evidence that Swapna had intervened on behalf of the UAE Consulate for the release of the cargo from the airport. The statement of the wife of the 4th accused in the case given to the Customsalso mentions the role of Swapna in gold smuggling, the court noted.
