[Kerala Gold smuggling] Accused Swapna Suresh moves Kerala High Court for bail in NIA case

Swapna Suresh, prime accused in the Kerala gold smuggling case, has moved the Kerala High Court for bail in the case registered against her by the National Investigation Agency (NIA). .Suresh, through advocate Sooraj T Elenjickal, challenged the verdict of the Special NIA Court which had rejected the bail plea moved by seven accused in the gold smuggling case, including Suresh, Sandeep Nair and KT Ramees on March 22, 2021. .[Gold Smuggling case] NIA Court rejects bail plea moved by Swapna Suresh, Sandeep Nair, others.In July 2020, pursuant to an investigation conducted by Enforcement Directorate (ED) into money laundering, illegal financial transactions and massive gold smuggling through diplomatic channels, suspected offenders, including Swapna Suresh, were arrested and interrogated in Kerala.Suresh is suspected to have smuggled 30 kg of gold through diplomatic channels which was seized at the Thiruvananthapuram airport.The case is being probed by the Enforcement Directorate, National Investigative Agency and the Customs department..Suresh, in her bail plea, contended that the charges against her under Section 43D(5) of Unlawful Activities (Prevention) Act (UAPA) would not stand as the prosecution has failed to prima facie make out any offences that would attract said section. She submitted that the allegations in the charge sheet would only amount to offences of gold smuggling for profit which if proven, would be punishable under the Customs Act..The plea said that she was arrested and remanded to custody on July 12, 2020. The Special court ought to have considered the period of judicial remand already underwent by the appellant in connection with the crime, she submitted. Further, it was also contended that there is no possibility for the trial of the case to commence in the near future. She placed reliance on the Supreme Court judgment in Union of India Vs. K.A.Najeeb in which it was held that statutory restrictions like section 43D (5) of UAPA does not oust the ability of constitutional courts to grant bail on grounds of violation of part III of the Constitution when there is no likelihood of trial being completed within a reasonable time..Suresh claimed that she was was not the kingpin of the gold smuggling operation and that she has co-operated with the investigation at every stage and poses no threat as a flight-risk. .In view of these, she prayed for grant of bail by setting aside the order passed by the Special NIA Court. .The case will heard tomorrow by a Division bench of Justices K Vinod Chandran and Ziyad Rahman AA.