Kerala Gold Smuggling Accused Committed Terror Act: Probe Agency NIA On Bail Plea

Swapna Suresh and others committed a terrorist act by smuggling 167 kg of gold into India from UAE between November 2019 to June 2020 as they knew that doing so would threaten the security and economic stability of the country, the National Investigation Agency (NIA) has told the Kerala High Court.

NIA has also told the high court that Suresh and others, involved in the smuggling of gold through diplomatic channels, were also aware that their actions would damage India's relations with UAE and therefore, the offences under the Unlawful Activities (Prevention) Act (UAPA) for terrorist act, conspiracy and being part of a terror organisation are made out.

The agency's submissions were made opposing the bail application of Suresh, represented by advocate Sooraj T Elenjickal, who approached the high court against the NIA court order dismissing her plea for bail.

She has contended that the case against her will not stand the test of law and that the trial in the case was prolonging endlessly.

During the hearing on Friday before a bench of Justices K Vinod Chandran and Ziyad Rahman A A, Elenjickal told the court that his client has been in custody for over a year.

The lawyer made the submission after the bench said it was adjourning Suresh''s plea to July 29 when similar pleas of some other accused in the NIA case had been listed.

The pleas of Suresh and some others were adjourned by the bench to July 29 to await the decision of the Supreme Court in NIA's appeal against the bail granted earlier by the trial court and the high court to another batch of accused in the case.

Opposing Suresh's bail plea, the agency has alleged, "Investigation conducted by NIA has established that prime accused Sarith, co-accused Swapna Suresh and others, with the knowledge that their act of smuggling of gold in to India in large quantity would threaten the security and economic security of the country, destabilize the Indian economy and damage the friendly relations with UAE, conjointly committed the terrorist act."

NIA has also alleged that for committing the terrorist act, the accused had conspired together, recruited people, formed a terrorist group, raised funds and smuggled around 167 kg of gold from UAE between November 2019 to June 2020 through import cargo addressed to the diplomats at the Consulate General of UAE at Thiruvananthapuram.

The agency has also said that a request under the Mutual Legal Assistance Treaty (MLAT) with UAE has been sent to that country for obtaining evidence from there as "a major part of the transactions, especially funding through reverse hawala and purchase of smuggled gold, had occurred in UAE".

It has contended that release of the accused, including Suresh, on bail would seriously hamper the ongoing investigation in the case as they could tamper with the evidence and influence the witnesses.

"Further the appellant (Suresh) has high connections both within the country as well as abroad, which will be used to abscond from the process of law," NIA has claimed.

In her plea, Suresh has contended that she was falsely implicated in it and she has been granted bail in the customs and PMLA cases related to the very same alleged criminal activity of gold smuggling.

The bail applications of seven accused in the case, including Suresh, K T Ramees, Sandeep Nair and P S Sarith, were dismissed by the NIA Special court on March 22.

Various central investigating agencies are probing the gold smuggling case after nearly 15 kg of gold was seized at Thiruvananthapuram airport on July 5 last year from a diplomatic baggage addressed to the UAE consulate there.