The National Investigation Agency (NIA), after 100 days of investigation, could not bring up evidences in the diplomatic channel gold smuggling case to show that the accused had any links with any terrorist forces, observed the NIA Special Court, Kochi.
Releasing two accused Hamzath Abdussalam and T.M. Samju on bail, NIA Special Judge P. Krishnakumar said there was nothing in the case diary to prove that the money spent by the accused in the case came from any terror outfits or they received the gold for transmitting it to any such dark forces.
The court had earlier granted bail for 10 other accused in the case. Perusing the case diary, the judge noted that the NIA could only establish that the petitioners funded the front-line accused for smuggling gold using the diplomatic channel and they conspired with the others for the purpose.
However, there were sufficient materials to show that the duo had conspired with some of the accused persons to smuggle gold to India, the judge noted.
The court said that even though the petitioners acted with an intention to damage the economic security of the country, there was no material in the case diary to prima facie satisfy that they did it with such an intention.
The offences under the Unlawful Activities (Prevention) Act (UAPA), which was invoked against the accused, stand only if they directly or indirectly raise funds from or provides it to any person knowingly that such funds were likely to be used by a terrorist. So far, there was no evidence to prima facie show that the said offence was made out, the order said.
The mere act of smuggling gold would not attract the offence of terrorist act, unless it was coupled with certain other elements, which at least suggest the broad probability of an intentional act to threaten the economic security of the nation, the judge added.
