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TMI Blog2022 (5) TMI 817X X X X Extracts X X X X X X X X Extracts X X X X ..... ed appellant - Amzad Ali has preferred D.B. Criminal Appeal No.77/2021 aggrieved by the order dated 23.4.2021 passed by the Special Judge (N.I.A. Cases), Rajasthan, Jaipur and accused appellants - Ramchandra and Mukesh has preferred D.B. Criminal Appeal No.105/2021 aggrieved by the order dated 20.11.2020 passed by the Special Judge (N.I.A. Cases), Rajasthan, Jaipur whereby bail applications preferred by the accused appellants were rejected by the Special Judge (N.I.A. Cases), Rajasthan, Jaipur. 2. Succinctly stated the facts of the case are that on 3.7.2020 Custom Officers seized about 18 kg gold bars from the possession of ten persons, namely, Ramchandra, Mohd. Aarif, Sunil Verma, Mohd. Maqbool, Subhash, Mohd. Aalam, Rashid Qureshi, Mukesh, Surendra 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, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reliance on the judgment of Kerala High Court in Mohammed Shafi Versus N.I.A.: Crl.A. No.356 of 2021 and connected matters) wherein the Division Bench of the Kerala High Court while interpreting Section 15(1)(a)(iiia) of the UA(P)A has come to the conclusion that smuggling of gold cannot be treated as a terrorist act unless there are other circumstances, which point towards the terrorist funding etc. Counsel have further placed reliance on Sudesh Kedia Versus Union of India: AIR 2021 SC 1892, National Investigation Agency Versus Zahoor Ahmad Shah Watali: (2019) 5 SCC 1, Union of India Versus K.A. Najeeb: (2021) 3 SCC 713 and Jahir Hak Versus State of Rajasthan: Criminal Appeal No.605 of 2022 (arising out of SLP (Crl.) No.7003 of 2021). 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 th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Mohammad Aslam Versus UOI & Ors.: S.B. Criminal Miscellaneous (Petition) No.5139/2020, National Investigation Agency Versus Zahoor Ahmad Shah Watali: (2019) 5 SCC 1; Y.S. Jagan Mohan Reddy Versus CBI: (2013) 7 SCC 439, State of Gujarat Versus Mohanlal Jitamalji Porwal: (1987) 2 SCC 364, Naresh J. Sukhwani Versus UOI: 1995 Supp. (4) SCC 663, State of U.P. Versus Amarmani Tripathi: (2005) 8 SCC 21, Mahipal Versus Rajesh Kumar @ Polia & Anr.: (2020) 2 SCC 118, Kanwar Singh Meena Versus State of Rajasthan: (2012) 12 SCC 180, State of Orissa Versus Mahimananda Mishra: (2018) 10 SCC 516, State of Jharkhand Versus Lalu Prasad Yadav: (2017) 8 SCC 1, Monica Bedi Versus State of Andhra Pradesh: (2011) 1 SCC 284, UOI Versus Said 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 materi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he 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. 16. If the argument of the counsel for the Union of India is to be accepted, then any smuggling would constitute an offence, which can threaten the economic security of the country and had it been the intention of the Legislature, they would have mentioned that smuggling of any material is a threat to the economic security of the country. We are, therefore, in agreement with the judgment of Kerala High Court passed in Mohammad Shafi Versus National Investigating Agency, 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 Secti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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