The Kerala High Court on Friday quashed the continued preventive detention of the prime suspect in the sensational gold smuggling case Swapna Suresh under the Conservation of Foreign Exchange and Prevention of Smuggling Act (COFEPOSA).
A Division Bench of Justices AK Jayasankaran Nambiar and Justice Mohammed Nias CP allowed the plea filed by Swapna's mother that sought quashing of the detention order.
The Division Bench, in its ruling, observed that the evidence on hand was not sufficient for sustaining the detention of Swapna Suresh under COFEPOSA.
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The case relates to the seizure of 30 kg gold from diplomatic cargo at Thiruvanthapuram international airport, meant for the Consulate General of the United Arab Emirates (UAE) in Thiruvananthapuram.
Swapna Suresh, who was arrested by the National Investigation Agency (NIA) from Bengaluru in July last year, had claimed that she was only acting on behalf of the attaché Rashid Khamis Al Sheimeili who left India on July 16 after he was recalled by the UAE government once the case drew the national limelight.
As a diplomatic agent, he enjoys immunity from criminal jurisdiction in the country.