The Customs probing the gold smuggling case on Tuesday alleged in the Kerala High Court that suspended IAS officer M Sivasankar feigned illness and got hospitalised to avoid answering questions by the agency.
The Customs (Preventive) Commissionerate made the submission in a statement opposing the anticipatory bail application of Sivasankar, a day after the high court restrained it from arresting him till October 23.
The court had directed the agency to file by October 23 its counter on the anticipatory bail plea by Sivasankar, former principal secretary to chief minister Pinarayi Vijayan.
The Customs wanted the court to reject the plea filed by Sivasankar, referring to a high court order that a person served notice under Section 108 of the Customs Act cannot move an application for anticipatory bail.
It contended that the bail application was not maintainable in law at all, particularly under Section 438 of the Code of Criminal Procedure.
It was mandatory under the section that a person seeking relief should satisfy that he was charged with non-bailable offences and that he apprehends arrest.
Sivasankar was admitted to a private hospital in Thiruvananthapuram on Friday after he complained on unease when Customs officials arrived at his residence and served notice seeking his appearance before them the same day.
The former Principal secretary to Chief Minister Pinarayi Vijayan, was then taken to the hospital by the officials in a Customs vehicle.
According to his relatives, Sivasankar was admitted following high blood pressure. Sivasankar's wife also works at the same hospital – in the nephrology department.
However, when an angiogram test the following day revealed no cardiac issues, Sivasankar complained of a bad back.
On further examination, it was found that he had a lumbar disc prolapse and required more medical attention. Sivasankar was subsequently shifted to Thiruvananthapuram Medical College.
After his discharge from the Medical College on Monday, Sivasankar was again admitted to a private Ayurveda hospital near Vanchiyoor. It is not clear how many days hospitalization he would require at the Ayurveda centre.
Besides Customs, the Enforcement Directorate and the National Investigation Agency are also probing smuggling of gold worth over Rs 100 crore through diplomatic baggage addressed to the UAE Consulate at Thiruvananthapuram since November last year.
The racket came to light when the Customs seized 30 kg of 24 carat gold worth Rs 14.82 crore at Thiruvananthapuram airport on July 5 this year.
Sivasankar was suspended after his links with prime accused in the smuggling racket Swapna Suresh surfaced.
(With inputs from PTI)
