Gold Smuggling Case: UAPA invoked in first chargesheet hints at terror links

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Kochi: The National Investigation Agency (NIA) led the first chargesheet in the diplomatic gold smuggling case on Tuesday. In all 20 accused, including P S Sarith and Swapna Suresh, have been named in it. Crucially, the Unlawful activities (Prevention) Act or UAPA has been invoked now, though the FIR naming 31 people as accused in the case had not mentioned it.

Likely terror links

Section 20 of the UAPA which has been cited in the chargesheet is a provision imposed on people accused of being members of terrorist organisations or associations. Those found guilty under the Section face life imprisonment and a penalty.

The inclusion of Section 20 in the chargesheet indicates that the NIA has obtained evidence of terrorist links to gold smuggling.

While considering the bail applications of the accused, the NIA court had
repeatedly asked the investigating agency to produce evidence of their links to terrorism. At this stage, the investigation team had submitted the condential statements given by the accused and the case diary that was put in a sealed cover.

Even though the investigation team had informed the court that some members of the smuggling racket had links with a Keralite with suspected ties to the gang of Dawood Ibrahim, it did not release the details of such accused.

The content of the chargesheet will be made public only after the court
examines and accepts it. Even the press release issued by the NIA on Tuesday only mentions that Section 20 of the UAPA has been included in the chargesheet and did not give any details.

Others in the chargesheet

So far, the NIA has led FIRs against 31 accused in the case. Of these, 21 have
been arrested. One of them — Sandeep Nair — has agreed to turn approver; the chargesheet has been led against the remaining 20 people. Of those yet to be arrested, eight are fugitives.

Apart from Sarith and Swapna, others mentioned in the chargesheet are K T
Ramees, A M Jalal, P Mohammed Sha, E Saidalavi, P T Abdu, Rabins Hameed, Muhammad Ebrahim, Muhammedali, KT Sharafuddeen, A Mohammed Shafeeq, Hamzath Abdulsalam, T M Samju, K Hamjad Ali, C V Jifsal, P Aboobacker, K V Muhammed Abdu Shameem, Abdul Hameed and Shamshudeen.

Alleged offence, maximum punishment

UAPA Section 16: Terrorism; Punishment: Imprisonment ranging from ve years to life imprisonment and penalty.

UAPA Section 17: Funding for anti-national activities; Punishment: imprisonment ranging from ve years to life imprisonment and penalty.

UAPA Section 18: Anti-national conspiracy; Punishment: Imprisonment ranging from five years to life imprisonment and penalty.

UAPA Section 20: Membership of anti-national groups; Punishment: Life imprisonment and penalty.