Swapna Suresh, an accused in the diplomatic gold smuggling case, on Monday approached the Kerala High Court seeking bail in a case registered by the NIA against her.
The NIA case is that the accused, including Swapna, with the requisite knowledge and intention to threaten and destabilise the economic security of the country had conspired, recruited persons formed a terrorist gang, raised funds, and smuggled gold from the UAE in large quantity, using the diplomatic channel, damaging the country’s friendly relations with the UAE and thereby committed terrorist activities punishable under Sections 16, 17, 18 and 20 of the UAPA.
The NIA has already filed chargesheet against 20 people, including the petitioner, and furnished a list of 267 witnesses.
Swapna’s plea
Swapna Suresh in her appeal filed against the dismissal of her bail plea by the NIA court said that the chargesheet did not disclose the involvement of transnational forces and financing of terrorism as alleged during the investigation period.
The chargesheet filed after the completion of the investigation did not make out an offence under the UAPA. The allegations in the chargesheet made out only the offence of gold smuggling which was punishable under the Customs Act.
The crime was registered for UAPA offence on the suspicion that the proceedings of smuggling might have been used for financing terrorism in the country. However, the chargesheet filed after the conclusion of the investigation had ruled out the possibility of financing terrorism and the involvement of the transnational forces.
The NIA court went wrong serious in rejecting her bail plea. The court should have considered at the threshold whether any offences under the UAPA had been made out. In fact, no useful purpose would be serviced by detaining her further in jail, the appeal said.
