Kerala HC quashes gold smuggling accused Swapna Suresh's detention under COFEPOSA

Kerala High Court quashed detention of gold smuggling accused Swapna Suresh under Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA) on Friday. Even as she was incarcerated,  Customs department h slapped stringent COFESOSA on her in October 2020.

This law allows a person to be kept in preventive custody for up to one year without trial. order of division bench of HC comprising Justices AK Jayasankaran Nambiar and Mohammed Nias CP came on a plea by Swapna Suresh's mor seeking quashing of this detention order.

petition mentioned that accused is only woman who is in preventive detention under COFEPOSA in Kerala at present. In its order, bench held that evidence was not sufficient to warrant her detention under this stringent law. In custody since July 12, 2020, Suresh is currently lodged at Women's Prison and Correctional Home, Attakulangara. Meanwhile, Kerala High Court will hear her bail plea in gold smuggling case registered by NIA on October 22. 

What is Kerala gold smuggling case? 

On July 5, 2020, Customs officials seized 30 kg of gold worth Rs.15 crore at  Thiruvananthapuram Airport from a diplomatic cargo dressed to a person in UAE Consulate. Sarith PS, who worked at  UAE Consulate, was apprehended in this regard.

Subsequently, Swapna Suresh, an ex-Consulate employee working as  manager of  Kerala State Information Technology Infrastructure Limited and M Sivasankar, ex-Principal Secretary to Kerala CM Pinarayi Vijayan were also arrested in this case. In January 2020, NIA filed a charge sheet before Special Court in connection with Kerala gold smuggling case.

Claiming that conspiracy started in June 2019, agency alleged that aforesaid persons raised funds and smuggled 167 kg of gold between November 2019 and June 2020 through import cargo dressed to diplomats at Consulate General of UAE in Thiruvananthapuram.

Furrmore, it ded that main accused h planned to smuggle more gold from countries such as Bahrain, Saudi Arabia and Malaysia. Holding m responsible for threatening "economic security of India", agency revealed that probe against absconding persons and ors who facilitated crime is underway.