Point of Law: If a class can be found, but the specific words exhaust the class, then rejection of the rule may be favoured because its adoption would make the general words unnecessary; if, however the specific words do not exhaust the class, then adoption of the rule may be favoured because its rejection would make the specific words unnecessary

JUDGMENT :

Hariprasad, J.

This batch of criminal appeals are directed against the orders passed by the learned Judge presiding over the Special Court for trial of NIA Cases, Ernakulam on applications for bail submitted by various accused in R.C.2/2020/NIA/KOC. It is seen that two common orders are passed by the learned Judge of the Special Court. Bail was granted to accused 8, 9, 11, 14, 16, 17, 18, 19, 21, 22, 23 and 24 as per order dated 15.10.2020 and to accused 17 and 18 as per order dated 23.10.2020. Both the orders are challenged before this Court by the Union of India represented by the National Investigation Agency, Kochi (“NIA”, in short). 7Th accused, whose bail plea was rejected, has preferred a separate appeal challenging the order dated 15.10.2020. Since identical factual and legal questions arise in all these cases, they are heard together. We dispose them by this common judgment.

2. Heard Shri Surya Prakash V.Raju, learned Additional Solicitor General of India (ASG) and Shri Arjun Ambalapatta, learned prosecutor for NIA and Shri S.Sreekumar, Shri Vipin Narayan, Shri V.T.Raghunath, Shri M.Balagopal, Shri Babu S.Nair, Shri Nireesh Mathew, Shri E.Ahamed Fazil and Shri Manu Tom, learned counsel appearing for the accused persons. For the sake of convenience, the respondents in the appeals filed by NIA are referred to in their ranks before the trial court.

3. Undisputed facts are as follows :

NIA registered the above mentioned case alleging offences punishable under Sections 16, 17 and 18 of the Unlawful Activities (Prevention) Act, 1967 (“UA(P) Act”, in short). Accused persons were arrested by NIA on different dates and they have been confined to custody for a considerable time. Allegations raised by the investigating agency in brief is that on 05.07.2020, the officers of the Customs Department seized 30kgs of 24 carat gold, from International Airport, Thiruvananthapuram, secreted in a consignment camouflaged as a diplomatic baggage sent from United Arab Emirates (UAE). It is alleged that the gold was smuggled through the diplomatic channel pursuant to a conspiracy hatched by the accused 1 to 4 and other accused persons. It is also alleged that they made use of the contacts maintained by the accused 1 and 2 with the Consulate of UAE at Thiruvananthapuram. The initial enquiry revealed, according to NIA, that the proceeds of the smuggled gold could have been used for financing terrorist activities in India.

4. Prosecution would allege that 7th accused is one of the main organizers of the smuggling activity along with accused 5, 6, 8, 9 and 10. It is the definite prosecution case that they had smuggled gold about 21 times through diplomatic baggages sent to UAE Consulate from November 2019 with the intention of destabilizing economic security of India. 7th accused had direct contact with accused 1, 2 and 4 in addition to accused 17 to 19 and 25. Allegation is that 7th accused and persons having connection with him had funded for smuggling gold weighing 47.5kgs. 8th accused had funded for smuggling 15kgs of gold through diplomatic baggages since November 2019 by conspiring with 5th accused. 9th accused is a hawala operator and he financed the gold smuggling activity through diplomatic baggage since November 2019. Accused 11 and 12, in association with accused 6 and 10, had smuggled gold and they are suspected to have used the proceeds for financing terrorism. 12th accused herein is one of the accused in the infamous handchopping case having a linkage to terrorism in which some of the accused were convicted. However, he had been acquitted in that case.

5. Allegation against accused 13 and 14 is that they had associated with accused 1, 4, 5, 6 and 7 to smuggle gold 21 times in various forms and after November 2019, they assisted other accused persons for exchanging the smuggled gold at various places. 16th accused had consp