JOIN USKerala gold smuggling case: NIA Special Court dismisses Swapna Suresh's bail plea
An NIA special court here on Monday dismissed the bail plea of Swapna Suresh, a key accused in the Kerala gold smuggling case.
The court, which examined the case diary produced by the National Investigation Agency in detail, dismissed the bail plea of Swapna Suresh considering the evidence produced by the agency on her alleged role in smuggling gold worth over Rs 100 crore through the diplomatic channel since November 2019.
In his order, NIA court judge P Krishna Kumar said there are sufficient grounds for believing that the accusation made against the petitioner is prima facie true. "When it is found so, section 43 D of Unlawful Activities (Prevention) Act mandates that she is not entitled to be released on bail," the judge said.
Section 43D (5) of the UAPA Act explicitly provides that the Court, which has the statutory duty to form an opinion, whether there are reasonable grounds for believing that the accusation made against the petitioner is prima facie true, has to arrive at such a satisfaction from the case diary when the final report is not filed.
Strongly opposing her bail plea, the NIA had submitted that an intensive investigation has to be carried out in the case. It had said there was prima facie evidence to the effect that the accused intentionally committed the act which will fall directly under Section 15 of the UAPA.
In her plea, Swapna Suresh alleged she was implicated in the crime on a wild imagination without any basis and the case was an offshoot of the "political rivalry" between the state and central governments, triggered by the colourful and fictitious stories aired by the media.