Case Law Details
Muhammed Shafi P. Vs NIA (Kerala High Court)
Undisputed facts are as follows:NIA registered the above mentioned case alleging offences punishable under Sections 16, 17 and 18 of the Unlawful Activities (Prevention) Act, 1967 (“UA(P) Act”, in short). Accused persons were arrested by NIA on different dates and they have been confined to custody for a considerable time. Allegations raised by the investigating agency in brief is that on 05.07.2020, the officers of the Customs Department seized 30kgs of 24 carat gold, from International Airport, Thiruvananthapuram, secreted in a consignment camouflaged as a diplomatic baggage sent from United Arab Emirates (UAE). It is alleged that the gold was smuggled through the diplomatic channel pursuant to a conspiracy hatched by the accused 1 to 4 and other accused persons. It is also alleged that they made use of the contacts maintained by the accused 1 and 2 with the Consulate of UAE at Thiruvananthapuram. The initial enquiry revealed, according to NIA, that the proceeds of the smuggled gold could have been used for financing terrorist activities in India.
12th accused herein is one of the accused in the infamous handchopping case having a linkage to terrorism in which some of the accused were convicted. However, he had been acquitted in that case.
Learned ASG contended that the court below viewed the matter as a simple case of smuggling. According to him, the inconsistent views taken by the learned Judge can be seen on a conjoint reading of paragraphs 2 to 6, wherein the facts have been mentioned, and in paragraph 19, it is indicated that the case on hand is a mere act of smuggling gold without attracting the offence of “terrorist act” as defined under Section 15 of the UA(P) Act.
Section 15(1) of UA(P) Act is the substantive part of the Section 15, wherein it is mentioned that whoever does any act with intent to threaten or likely to threaten the unity, integrity, security, economic security or sovereignty of India through any of the modes specified in Clauses (a), (b) or (c) commits a terrorist act. Likewise, whoever does any act with intent to strike terror or likely to strike terror in the people or any section of the people in India or in any foreign country by resorting to any of the acts mentioned under Clauses (a), (b) or (c) is said to commit a terrorist act.
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