JUDGMENT :

P.B. SURESH KUMAR, J.

1. The moot question in this case is whether the exclusion of the application of Section 438 of the Code of Criminal Procedure (the Code) to the offences punishable under the Unlawful Activities (Prevention) Act, 1967 contained in Section 43D(4) of the said Statute, is absolute.

2. The appellant is accused No. 20 in R.C. No. 2/2020/NIA, a crime registered under Sections 16, 17 and 18 of the Unlawful Activities (Prevention) Act, 1967 (the UAP Act). The appellant challenges in this appeal, the order dismissing the application preferred by him before the Special Court for Trial of NIA Cases (the Special Court) seeking anticipatory bail in the said case.

3. On 5.7.2020, 30.244 kg of 24 karat gold valued 14.82 crores was seized from an import cargo addressed to the Consulate General of the United Arab Emirates (UAE) in Thiruvananthapuram at the Air Cargo Complex of the Thiruvananthapuram International Airport by Customs (Preventive) Commissionerate, Cochin. It is seen that based on information that the proceeds of the smuggled gold could be used for financing terrorism in India, the Ministry of Home Affairs, Government of India directed the National Investig