Kerala High Court Said – Gold Smuggling Is Not Terrorist Activity

Kerala High Court said – Gold smuggling is not a terrorist activity, NIA appeal against lower court dismissed.

Dismissing the National Investigation Agency (AIA) appeal against the order of the special NIA court, the Kerala High Court has said that gold smuggling clearly falls under the provisions of the Customs Act and is not within the definition of a terrorist act.

A special NIA court granted conditional bail to 10 accused of gold smuggling through the diplomatic channel. Maintaining the order of the special NIA court, High Court Justice.

A division bench of Hariprasad and Justice MR Anita said, ‘We cannot say that the smuggling of gold comes under Section 15 (1) (a) (3A) of the Unlawful Activities Prevention Act (UAPA).

In other words, the smuggling of gold is clearly covered under the provisions of the Customs Act and it will not come under the definition of a terrorist act under Section 15 of the UAPA.

Until such evidence is revealed that it is protected by India’s economic security. Or is intended to threaten monetary stability or is likely to pose such a threat. ‘ The court said that under Section 15 (1) (a) (3A) of UAPA.

It is an offense to harm the monetary stability of India by producing, smuggling, or distributing high-quality counterfeit notes, coins, or any other material related to notes or coins.

The High Court did not accept the NIA’s contention that counterfeit notes cannot be smuggled as smuggling under the Customs Act is an offense against the duty imposed.

To this, the court said that smuggling is not necessarily the same items that can be charged. For example, many times there is the smuggling of drugs or other prohibited goods which cannot be levied.

In our opinion, smuggling is a general term that indicates the illegal transport of various goods. Therefore, NIA’s argument cannot be accepted.