SC refuses to cancel bail of 12 but agrees to examine legal issue

New Delhi: The Supreme Court Tuesday refused to entertain the plea of NIA seeking cancellation of bail granted to 12 accused by the Kerala High Court in the sensational smuggling case in which 30 kg of 24 carat gold worth Rs 14.82 crore were seized at Thiruvananthapuram airport on July 5, last year by Customs department.

However, the apex court agreed to examine the legal question arising out of the high court's verdict in which it was held that the offence of gold smuggling, simplicitor, is covered under the Customs Act and will not fall within the definition of terrorist act under section 15 (1) (a) (iiia) of the Unlawful Activities (Prevention) Act.

They (accused) all are employees of the government. We will not enter into bail cancellation aspect. If you want then we can leave the legal question open, a bench comprising Chief Justice N V Ramana and justices A S Bopanna and Hrishikesh Roy said.

Additional Solicitor General K M Natraj, appearing for NIA, said besides the grant of bail, the high court has interpreted the definition of terrorist act in relation to smuggling and this aspect needed to be considered by the top court.

The law officer said one appeal on the issue is also pending adjudication in the top court. Why should we issue notice on another SLP (special leave petition) when we are already examining it (legal question), the bench said.

However, the top court then issued notice to the 12 accused, who have been granted bail in the case, and agreed to examine the legal aspect with regard to interpretation of terrorist act under UAPA.

The NIA, probing the terror angle in the gold smuggling through diplomatic channel, had initially named Sarith, Swapna Suresh, Sandeep Nair and Fazil Fareed as the accused in the case which relates to the seizure of 30 kg of 24 carat gold worth Rs 14.82 crore at Thiruvananthapuram international airport on July 5, last year by the Customs (Preventive) Commissionerate, Kochi.

The consignment was camouflaged as a diplomatic baggage sent from United Arab Emirates (UAE), the agency had alleged. During the course of the investigation, NIA has arraigned at least 30 others

as accused and arrested many of them.