Blow to the LDF govt! Kerala HC quashes FIRs registered against ED in gold smuggling case

Kochi, April 16: In the major setback to Kerala's LDF govt, Kerala High Court quashed the two FIRs filed by the Crime Branch unit of state police against Enforcement Directorate officials in the gold smuggling case.

 

 

Justice VG Arun pronounced judgment saying that the Crime Branch had not followed the rule of law and hence the two FIRs have to be quashed and the authorities can take the case up with the concerned court - Ernakulam Principal Sessions Court.

 

The court was hearing the pleas filed by Deputy Director of ED Kochi Zone, P Radhakrishnan. In a petition, the ED had alleged that one of the FIRs was registered against its unnamed officials with "ulterior motive of derailing the statutory investigation" under the Prevention of Money Laundering Act (PMLA) into a large economic offense of smuggling of huge quantities of gold. The ED also submitted that the preliminary inquiry allegedly conducted by the state police was a farce.

 

 

Moreover, the ED had prayed that the FIR be quashed or the probe is transferred from the state police to the CBI to ensure an impartial investigation, "because certain highly placed persons are involved in the case." It had also submitted that the preliminary inquiry allegedly conducted by the state police was a farce.

 

 

On March 17 Kerala Police had filed a complaint against the 'unnamed officers' of Enforcement Directorate for allegedly forcing Swapna Suresh, key accused in the gold smuggling case, to give statements against Chief Minister Pinarayi Vijayan. According to reports, two women civil police officers, who had been with Suresh when she was questioned by the ED, claimed they had heard the ED officials forcing her to name Vijayan. The Crime Branch case was registered under Section 120-B (criminal conspiracy), 167 (public servant framing an incorrect document with intent to cause injury), 192 (fabricating false evidence), 195-A (threatening any person to give false evidence), among others, of the Indian Penal Code.

 

Suresh, a former employee of the UAE consulate. She is the prime accused in the case. She has smuggled 30 kg of gold worth Rs 14.82 crore in diplomatic baggage. She was now under judicial custody since her arrest.

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