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2021 Supreme(Ker) 380

V.G.ARUN
P. Radhakrishnan – Appellant
Versus
State Of Kerala Rep. By The Principal Secretary Department Of Home – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri. M.T.Sureshkumar, Sri. R.Renjith, Smt.Sreelakshmi Sabu, Shri.Rafeez Nooh, Tushar Mehta (Sr.), S.V.Raju (Sr.), Zoheb Hossain (Sr.), Advs.
For the Respondent: Sri. Suman Chakravarthy, Senior Govt.Pleader, Sri. V.Manu, Senior Govt. Pleader, Sri. P.Narayanan, Senior Govt. Pleader, Adv. T.A.Unnikrishnan, Cgc, Adv. Shri.P.Vijayakumar, Asg Of India, Adv.Sri. Suvin R.Menon Addl.Solicitor General. K.M.Nataraj, Tushar Mehta SGI, Adv. and S.V.Raju(Sr) Asst.Sgi, Adv., Adv. Harin P.Raval With Sr.Gp.Suman Chakravarthy, For The Petnrs;

JUDGMENT :

The instant writ petition is filed by the Deputy Director, Enforcement Directorate, Kochi Zonal Office, aggrieved by the registration of Exhibit P1 FIR by the Crime Branch wing of the State Police. The essential facts leading to the writ petition, are as under:

On 06.07.2020, O.R.No.7 of 2020 was registered at the Customs Commissionerate (Preventive), Kochi, consequent to seizure of 30 Kgs of gold worth Rs.14.82 Crores at the Thiruvananthapuram International Airport. The seizure was effected while the gold was being smuggled, camouflaging it as diplomatic baggage to the UAE Consulate. During the course of investigation it was revealed that the accused had committed offences under the Unlawful Activities (Prevention) Act, 1967 (UAPA) also. This resulted in the National Investigation Agency (NIA) registering a case against the very same accused, alleging commission of offences under Sections 17 and 18 of the UAPA. As the investigation progressed further, commission of the offence punishable under Section 4 of the Prevention of Money Laundering Act, 2002 (PMLA) also came to light. Thereupon, ECIR/KCZO0/31/2020 was registered by the Enforcement Directorate (ED) on 13.07.2020 a

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