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Delhi High Court said- Merely Smuggling Gold is not a terrorist act

The mere act of smuggling gold is not a terrorist act under the UAPA, according to the Delhi High Court.

Under the Unlawful Activities (Prevention) Act, the mere smuggling of gold without any connection to a threat to the country’s economic security or monetary stability is not a “terrorist act,” according to the Delhi High Court.

Under the Unlawful Activities (Prevention) Act, the mere smuggling of gold without any connection to a threat to the country’s economic security or monetary stability is not a “terrorist act,” according to the Delhi High Court.

While granting bail to nine people arrested for allegedly smuggling over 500 gold bars weighing 83.621 kg from Assam to Delhi, a bench led by Justice Mukta Gupta said that despite an amendment to the definition of “terrorist act” under the UAPA, “gold” was not added to Section 15(1)(a)(iii), which defines the act in the context of damage to India’s monetary stability by smuggling, etc. of

The bench, which also included Justice Mini Pushkarna, went on to say that while possessing, using, producing, and transferring counterfeit currency or coins was illegal in and of itself, gold production, possession, use, and transfer were not, and that gold import was not prohibited but restricted to a prescribed quantity on payment of duty.

The court ordered the accused (appellants) to post a personal bond and a surety bond in the amount of Rs 1 lakh each, to keep their cellphones active for the next six months, and to share the live locations of the devices with the investigating officers.

“An amendment was made to the definition of “terrorist act” by including aspects of terrorist acts that disrupt the country’s economic stability. The said amendment was made in response to the Financial Action Task Force’s (FATF) recommendations… “However, despite the fact that the report deals specifically with gold, the word ‘gold’ was not added while amending Section 15(1)(a)(iii) UAP Act,” the court said in its June 3 order.

Gold smuggling
Gold smuggling

“Thus, mere gold smuggling with no connection to threatening India’s economic security or monetary stability cannot be considered a terrorist act,” the court stated.

The court determined that the trial would be lengthy and that some of the appellants had filed petitions challenging the sanction order on the grounds that an alleged offense under the Customs Act could not be brought under the UAPA’s provisions, and that it “deems it fit to grant bail to the appellants.”

The appellants were ordered to surrender their passports, not leave the country without the permission of the trial court, and report to the jurisdictional police station on a regular basis.

Under the UAPA, the National Investigation Agency (NIA) has opened an investigation into the alleged commission of criminal conspiracy, furthering terrorist activities, and endangering India’s economic security and monetary stability.

The prosecution fought the bail request, claiming that the appellants were part of a larger plot to commit a terrorist act by disrupting the country’s economic stability.

According to the Financial Action Task Force’s (FATF) recommendations, gold is a universally accepted currency that can be traded anonymously, making such transactions difficult to trace and track, and posing a serious threat to the country’s economic security.

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