Kerala HC rejection of UAPA in gold smuggling may impact other NIA cases

New Delhi: As the Kerala high court ruled that the Unlawful Activities (Prevention) Act (UAPA) cannot be invoked for gold smuggling, the National Investigation Agency (NIA)’s jurisdiction over similar cases in Jaipur has come under legal scrutiny.

The high court, while hearing a plea on the politically sensitive Kerala gold smuggling case on Thursday, observed that the material on record prima facie did not indicate the accused had acted with the intention of damaging the economic security of India.

The probe into the case was transferred to NIA in July last year. In September, the agency registered another gold smuggling case in Jaipur and invoked the UAPA. Seizures of 18.5 kg gold bars were made by customs officials at the Jaipur International Airport. In January this year, the federal agency filed a charge-sheet in the Kerala case and named 20 suspects including Swapna Suresh. The charges are yet to be framed.


Meanwhile, the NIA filed an appeal before the Kerala high court against the Ernakulam court’s decision to grant bail to 12 suspects. While hearing the NIA’s appeal, the high court bench of Justices Hari Prasad and MR Anitha on Thursday further interpreted Section 15 (1) A of the UAPA and ruled that the law cannot be invoked in the smuggling case.