Lawstreet Journal

Smuggling of Gold with an Intent to Threaten the Economic Stability of India Comes Under the Definition of ‘Terrorist Act’ under the UAPA,1967: Rajasthan HC [READ JUDGMENT]

Lawstreet Journal 5 Feb 2021 1:35am

Image courtesy: Lawstreet Journal Judiciary Smuggling of Gold with an Intent to Threaten the Economic Stability of India Comes Under the Definition of ‘Terrorist Act’ under the UAPA,1967: Rajasthan HC [READ JUDGMENT]

The Rajasthan High Court in its judgement dated 1/2/2021 held that smuggling of any valuable commodity which is likely to threaten the monetary stability of the country can be charged under the Unlawful Activities Prevention Act, 1967 (UAPA). The judgement gains significance in consideration of various incidents of international gold smuggling reported from several parts of the country.

The judgement of the court came on a petition filed under section 482 of tge Code of Criminal Procedure (Cr.P.C.), 1973. seeking quashing of an FIR registered by the National Investigation Agency (NIA) under section 16 of UAPA,1967 which punishes terrorist acts, read with Section 120-B of IPC, which punishes criminal conspiracy. 

The Petitioner along with nine other persons was already facing trial under the Customs Act, 1962 for smuggling of 18.569 kilograms of gold when the impugned FIR was registered. The Counsel for the petitioner contended that the second FIR amounts to a violation of the fundamental rights of the Petitioner against Double Jeopardy under Article 20 of the Constitution. It was alleged that the registering of the FIR by NIA was discriminatory as the usual practice is that offences of gold smuggling were dealt under the Customs Act alone.  Further, it was argued that smuggling of gold is not covered by the definition of 'Terrorist Act' under Section 15 of the UAPA,1967.

The opposing counsel, however, argued that the petitioner was involved in smuggling of large quantities of gold which is evident from his statement. Also, he has acted as a facilitator for… Continue Reading...


Tagged: Rajasthan High Court  
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