Thiruvananthapuram: NIA invokes UAPA, begins probe into gold smuggling

KOCHI: National Investigation Agency (NIA) on Friday said it has started probe in Thiruvananthapuram gold smuggling case as the offence had national and international linkages and initial enquiries had revealed that the proceeds from smuggled gold could be used for financing terrorism in India.
“As the case pertains to smuggling of large quantities of gold into India from offshore locations threatening India’s economic stability and national security, it amounts to a terrorist act as stated in Section 15 of Unlawful Activities (Prevention) Act,” NIA said in a statement.
NIA listed the accused as Sarith PS, Swapna Prabha Suresh, Sandeep Nair, all from Thiruvananthapuram, Fazil Fareed from Ernakulum and others and registered the FIR in ‘Kerala Gold Smuggling Case’ under Sections 16, 17 and 18 of UAPA against the accused.
NIA also informed the high court that the offences of committing terrorist act and raising fund for terrorist act has been invoked in the FIR. NIA’s counsel made the submission before justice Ashok Menon during the hearing of anticipatory bail plea filed by Swapna Suresh.
NIA’s counsel told the court that Sections 16 (punishment for terrorist act), 17 (punishment for raising funds for terrorist act), and 18 (punishment for conspiracy) of UAPA have been invoked in the FIR registered on Friday morning. During the hearing, Swapna’s counsel TK Rajeshkumar submitted that no copy of FIR was provided and there is no clarity about the allegations being raised against the petitioner.
The court then asked the Centre about the allegations. Centre’s counsel Ravi Prakash, who joined the videoconferencing proceedings from Delhi, submitted that an anticipatory bail plea is not maintainable before the high court once NIA takes over investigation as per settled law. The source who tipped off about the gold smuggling had mentioned Swapna’s name and an accused’s statement says she was involved in smuggling and used to arrange papers and get it cleared, the counsel submitted.
Meanwhile, NIA said its case is in connection with the seizure of 30kg of 24 carat gold worth Rs.14.82 crore at Trivandrum International Airport on July 5 by Customs (Preventive) Commissionerate, Cochin. The consignment was brought in a diplomatic baggage from UAE. The said consignment was to be received by A-1 Sarith PS who had worked in the UAE Consulate as PRO. Initial investigation by Customs revealed that he had received multiple such consignments earlier as well, NIA stated.
Even as an NIA probe would be ideal to investigate if the proceeds of the smuggling operation have had any direct impact on national security, NIA doesn’t have jurisdiction over gold smuggling which is an offence under the Customs Act, sources said. Customs will continue its probe on smuggling.
Sources said Fareed was on the radar of enforcement agencies for a while. “He is the gang’s link in Sharjah. If he is abroad, efforts would be made to extradite him to India. We expect this to be easier as UAE is a friendly country,” said an official.
Meanwhile, commissionerate of Customs (preventive) collected the statement from Customs clearance agent Hari Raj on Friday based on call data records retrieved from the mobile phone of Sarith. Though Customs sleuths said Sarith was in touch with Raj, he told the media that he has no knowledge about this smuggling incident. He said he had no links with the persons in the case.