The Special Court of the National Investigation Agency (NIA) denied bail to Swapna Suresh, the second accused in the case involving smuggling of gold via the diplomatic baggage.

Dismissing the bail plea, P Krishnakumar, the NIA Special Judge, noted that there are sufficient grounds to believe that the accusations made against the petitioner were prima facie true.

The court also held that at present there was nothing on record to show that the proceeds of the gold smuggling was used or intended to be used for funding terrorism. It is a matter that requires deeper probe by the NIA, considering the international connections in the case.

The court also held that invocation of the Unlawful Activities (Prevention) Act will hold good against her considering the charges of attempting to destabilise the economy of the country as defined under the Act. The NIA had invoked Sections 16 (punishment for terrorist act), 17 (punishment for raising funds for terrorist) and 18 (punishment for conspiracy). 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 among other things, it argued.

The court did not find acceptable arguments of the defence lawyer that the case was a politically motivated one and Swapna was caught in between the political battle between the State and the Central governments.

There were evidences 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 fourth accused in the case given to the Customs, which was produced by the prosecution, had also mentioned about the role of Swapna in gold smuggling, the court said.

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