In yet another development in the gold smuggling case in Kerala, in which gold was smuggled using a diplomatic baggage of the UAE consulate, the National Investigation Agency (NIA) Special Court in Kochi has asked the investigating agency (NIA) to come up with evidence to substantiate its charges that the proceeds made out of the gold smuggling were used for terror purposes.

The court asked NIA to substantiate how the terror charge is applicable in the case as per section 15 of the Unlawful Activities (Prevention) Act (UAPA).

Section 15 of the UAPA Act is invoked on whoever does any act with intent to threaten or likely to threaten the unity, integrity, security or sovereignty of  the country.

The NIA has also been told that, if it’s not able to come up with evidence to defend the charges, the court will not entertain the case under the provisions of the Unlawful Activities (Prevention) Act on the accused.

The NIA special judge told NIA this on Wednesday while considering the bail application of Swapna Suresh. She is the second accused in the case.

”What the court told was that the how terror angle could be applicable in the case,” a source told TNM.

The case is posted for August 4.

“The NIA is confident of proving the charges as there exists relevant material evidence to prove the charges,” another source added.

If charges under UAPA is not proved the accused will be eligible for bail. Swapna Suresh has been in custody of NIA for over 15 days.

The accused counsel’s stand is that the NIA made these charges without substantial evidence to back it, and was because of political pressure that the case was registered.