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Centre opposes bail for Kerala gold smuggling accused; hearing adjourned to July 14

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The Centre on Friday informed the Kerala High Court that the bail application filed by Swapna Suresh, the main accused in the Kerala gold smuggling case is not maintainable. This was owing to the National Investigation Agency (NIA) having taken over the probe. The bench verbally agreed with the counsel’s submission and adjourned the hearing to July 14. The court has also agreed to provide the FIR copy, filed by the NIA, to Suresh’s advocate.

The Central government counsel, Ravi Prakash maintained that, under Section 21 of the NIA Act, the High Court has no original jurisdiction to consider the anticipatory bail application, adding that it can only be considered by the Special Court. He further stated that the custodial interrogation of Suresh had to be conducted to establish her involvement and motive in the delivery of the diplomatic cargo.

The NIA informed the court of having filed an FIR and that their investigation is underway as per Sections 16, 17, and 18 of the Unlawful Activities Prevention Act (UAPA). The Central government lawyer informed the court that even if the bail was was to be considered, this case had serious implications and that the nature of crime affected the security, financial stability of the country.

Suresh’s bail plea that was filed earlier this week stated that she was working with the UAE Consulate general office from 2016-19 and that she had completed many assignments there, successfully. Following her resignation from there in 2019, she worked as a contract staff in PWC, which dealt with the Space park projects that came under Kerala government’s IT Department.

It added that the Consulate General of UAE in Thiruvananthapuram had again sought her assistance in administrative matters due to her experience in the same. The plea states that she worked with the Consulate under a “Work on request” basis, as a part of which she had checked with customs regarding the delay of the consignment.

The plea stated that “she was innocent, had not committed any criminal offences as alleged and had no connection with respect to the smuggled gold”.