Kochi: A special court of the National Investigation Agency (NIA) has allowed an application filed by fourth accused Sandeep Nair expressing his willingness to disclose all the details in the diplomatic gold smuggling case.
Sandeep Nair, who submitted the application in writing through his lawyer, made the request through video conferencing also.
Sandeep's application said that he was prepared to disclose all the secrets of the smuggling racket and that the court should record his confession under Section 164 of the Criminal Procedure Code (CRPC).
The court pointed out that such statements could be used as evidence against Sandeep himself. It also said that even if he makes a confession in favour of the prosecution in the case in which he is an accused, it is not necessary that he will be made an approver. Also, if he were to face trial, the confession will not ensure a lenient sentence.
Sandeep, however, said he had submitted the application of his own free will and that he was aware that the statements could be used against him as evidence in the case.
After Sandeep informed the court that the application was filed voluntarily, it was handed over to the Ernakulam Chief Judicial Magistrate Court for further action.
Sandeep is accused of being involved in a conspiracy to smuggle gold in parcels addressed to a senior official at the UAE Consulate in Thiruvananthapuram. The smuggled parcels were taken to Sandeep's house for the gold to be recovered.
he racket came to light after Customs officials at the Trivandrum International Airport seized a diplomatic baggage with smuggled gold addressed to an official at the UAE Consulate in Thiruvananthapuram on July 5.
Sandeep has full knowledge of how the racket worked — from how the gold was hidden in parcels in Dubai to who purchased it in Kerala through intermediaries.
If the statements he would make before the court turn out to be true, then they would help in all the cases being investigated by central agencies — the smuggling case being probed by the Customs Department, the money laundering case that us being looked into by the Enforcement Directorate, and the Foreign Contribution (Regulation) Act (FCRA) violations in the Life Mission project being investigated by the CBI.
What happens next
The Ernakulam Chief Judicial Magistrate, to whom the special NIA court has handed over Sandeep’s application to allow his confession, will now appoint a magistrate to record his confidential statements. Sandeep will then be called to explain to him the legal implications of the revelations he would be making.
He will then be given time to reconsider his decision. If even after this, Sandeep is willing to go ahead with making the confession, then his statements will be recorded.
After verifying the credibility of his statements, the investigating agency and the court will examine the legal options of making him an approver. They will make a decision before filing the charge sheet.
The gold smuggling case is being investigated under the Unlawful Activities (Prevention) Act and the NIA is trying to establish if the smuggling racket helped finance terror organisations. If one of the accused turns an approver, then the evidence obtained through the person will strengthen the case.
Legal experts believe that Sandeep became ready to make the confessions in the belief that he will be made an approver in the case.
