TMI Blog2022 (5) TMI 817X X X X Extracts X X X X X X X X Extracts X X X X ..... led in the country. Evidence of conspiracy and smuggling of gold does not prima facie give credence to an allegation of threat to economic security or irreparable damage to economic security of the country and thus cannot be deemed to be a terrorist act. The Court observed that counterfeiting, that too of high quality currency notes or coins and any material so to do is the only specie included under Section 15(1)(a)(iiia) of the UA(P)A. From the discussion, which took place before the Standing Committee, it is evident that no deliberation took place for considering gold as a material under Section 15(1)(a)(iiia) of the UA(P)A. From the relevant record as produced on behalf of the N.I.A., it is evident that except accused appellant Amzad Ali, all the accused had gone to earn their livelihood and due to COVID, they were not able to continue to work at Saudi Arabia and therefore, were waiting to return back to India. As per the prosecution case, they were approached by some persons and they were made carriers for carrying the gold and free tickets were provided to them for smuggling gold into India. There is no material to suggest that the accused appellants intended to threaten ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rendra Kumar and Hetram at Jaipur Airport and case was registered against the above named persons for offence under Section 135 of the Customs Act. On akin facts, an FIR No.RC36/2020/NIA/DLI was registered for offence under Section 16 of the Unlawful Activities (Prevention) Act, 1967 (hereinafter referred to as the UA(P)A ) and Section 120B of the Indian Penal Code (hereinafter referred to as the IPC ) by the National Investigating Agency, New Delhi (hereinafter referred to as the N.I.A. ). All the accused appellants moved bail application under Section 439 Cr.P.C., which were rejected by the Special Judge (N.I.A. Cases), Rajasthan, Jaipur, aggrieved by which, present appeals have been preferred before this Court. 3. As all the appeals are arising out of FIR No. RC36/2020/NIA/DLI dated 22.9.2020, the same are being decided together by this common order. 4. It is contended by the learned counsel for the accused appellants that gold was seized from accused appellants Azaz Khan, Rashid Qureshi, Mukesh and Ramchandra. The value of the gold seized from each accused was less than Rs.1 crore and the custom duty payable was less than Rs.50 lakhs and therefore, the offence was ba ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ). It is contended that Section 15(1)(a)(iiia) of the UA(P)A was inserted for the purpose of putting a check on counterfeit currency, which was being made in neighbouring countries. It is argued that the term other material used in Section 15(1)(a)(iiia) of the UA(P)A would not take in its ambit gold as the Legislature never intended to include gold or any other valuable metal within the purview of UA(P)A. 8. It is also argued by the counsel for the accused appellants that amendments sought to be made in the Act were referred to the Joint Parliamentary Committee and from the meeting of the Joint Parliamentary Committee, it can be concluded that the Legislature never intended to include gold under Section 15(1)(a) (iiia) under the term other material as it pertains to other material, which is required for minting counterfeit currency notes, coin, bonds, stamp papers etc. It is contended that after grant of bail under the Customs Act, the N.I.A. purposely arrested the accused appellants without there being any evidence to the effect that the accused appellants are involved in any terrorist act. 9. Learned counsel appearing for the respondent N.I.A. has vehemently op ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Alavi E.: SLP (Cri.) No.003837003848/2021 and Dr. Vijay Laxmi Sadho Versus Jagdish: (2001) 2 SCC 247. 12. We have considered the contentions. 13. Section 15(1)(a)(iiia) of the UA(P)A and the Second Schedule of UA(P)A are reproduced hereunder: 15 . Terrorist Act: (1) . (iiia) damage to, the monetary stability of India by way of production or smuggling or circulation of high quality counterfeit Indian paper currency, coin or of any other material; or THE SECOND SCHEDULE [See section 15(2)] (i) Convention for the Suppression of Unlawful Seizure of Aircraft (1970); (ii) Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation (1971); (iii) Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents (1973); (iv) International Convention against the Taking of Hostages (1979); (v) Convention on the Physical Protection of Nuclear Material (1980); (vi) Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, supplementary to the Convention for the Suppression of Unlawful Acts against the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y, Kochi (supra). 17. Customs Act is not included in Schedule-II of the UA(P)A, thus smuggling of gold and that too of a quantity, which is bailable under the Customs Act cannot be treated as a Terrorist Act. We are, therefore, inclined to allow the appeals. 18. As far as the facts go, it is not in dispute that except Amzad Ali, all the other accused were apprehended at Jaipur Airport on 3.7.2020 while attempting to smuggle gold into India from Riyadh, Saudi Arabia and an FIR was registered against them under Section 135 of the Customs Act. It is also not in dispute that the gold seized from each of these accused was valued at less than Rs.1 crore and the tax or the custom duty thereon was less than Rs.50 lakh and therefore, all of them were released on bail in the Customs Act case. It is not disputed that after 80 days of their arrest in the customs case, N.I.A. registered an FIR on 22.9.2020 against ten persons. 19. From the relevant record as produced on behalf of the N.I.A., it is evident that except accused appellant Amzad Ali, all the accused had gone to earn their livelihood and due to COVID, they were not able to continue to work at Saudi Arabia and therefore, we ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
