- The Delhi High Court in Vaibhav Sampat More v. National Investigation Agency, held that smuggling gold without threatening economic security or stability of India will not come under the ambit of terrorist activities under the Unlawful Activities (Prevention) Act.
- The Court has granted bail to all the appellant accused persons who filed an appeal challenging the order of the Trial Court rejecting their bail application.
- The matter involved offences u/s 16, 18, 20 of the UAPA and u/s 120B, 204, 409 and 471 IPC.
- The prosecution has contended that the accused appellants, excluding Vaibhav Sampat More, when intercepted by a Zonal Unit of the Directorate of Revenue Intelligence were found to carry 504 gold bars weighing a total of 83.621 kilograms.
- These gold bars were recovered from the accused at the New Delhi Railway Station.
- Subsequently, the National Investigation Agency (NIA) registered an RC under Section 15(1) (a) (iiia) of UAPA.
- The appellants argued that the prosecution has no evidence to support their claim except their statements recorded by the Customs Officer under Section 108 of the Customs Act.
- The appellants further contended that this statement is inadmissible in a UAPA, as a separate procedure is prescribed for this Act.
- Furthermore, it was argued that the prosecution has no evidence to prove that the gold bars were procured from outside the country.
- The Hon'ble High Court took note of the arguments and evidence presented and granted bail to all the accused persons.
- The Court also observed that in order to attract sections of the UAPA, two factors are important, namely; threatening economic security of India and bringing monetary instability in India with the act caused.
- Since, neither of the above two essentials are proved by the prosecution, the Court held that mere smuggling of gold cannot be called a "terrorist act" under the UAPA.
"Loved reading this piece by Megha Nautiyal?
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"
