CBI officer’s visit to Customs unrelated to gold smuggling case

Around 11am, two sleuths, including an ASP-ranked officer, reached the Customs office near Marine Drive in Kochi.
CBI officers returning from the Customs office after holding a discussion with officials on the Thiruvananthapuram gold smuggling case on Wednesday | A Sanesh
CBI officers returning from the Customs office after holding a discussion with officials on the Thiruvananthapuram gold smuggling case on Wednesday | A Sanesh

KOCHI: As the Customs Commissionerate (Preventive), Kochi, is probing the attempt to smuggle gold through a consignment addressed to the UAE Consulate in Thiruvananthapuram, the visit of CBI officers to the Customs office led to speculation on Wednesday. While top-level officials of CBI denied that the visit was linked to the Customs probe, reports circulated in media circles that the sleuths were collecting information prior to starting an investigation.

Around 11am, two sleuths, including an ASP-ranked officer, reached the Customs office near Marine Drive in Kochi. Both were at the office for nearly one-and-a-half hours.“The officers’ visit has nothing to do with the recent gold smuggling in Thiruvananthapuram. They were there to collect some information in another case involving the Customs department,” a highly placed CBI officer in Kochi said.

However, the CBI is also collecting information about the Thiruvananthapuram smuggling case. “We are verifying whether any Government of India official is involved in the incident. We are coordinating with the Customs Commissioner. Like us, several other agencies are also monitoring the case,” he said.

‘CBI can’t take over Customs case’
While politicians are demanding the CBI to take over the probe, the central agency has several limitations in doing that. “First, the case has been registered under the Customs Act and the CBI has no power to investigate a case registered under this. The cases under the Customs Act are probed by the Customs and Directorate of Revenue Intelligence (DRI). Under the Act, only Customs officers can carry out adjudication procedures,” he said.

Can CBI probe Swapna-CMO links?
“We can carry out a probe if the state refers the matter to us or the Supreme Court/Kerala High Court directs us to conduct a probe. The CM’s office is under the purview of the state and any corruption there can be probed by the state vigilance department,” he said.

Swapna Suresh
Swapna Suresh

What about an NIA probe?
The National Investigation Agency (NIA) can launch a probe if any anti-national element is involved. The amendment to the NIA Act 2008 enacted by the Centre in 2019 permits ito probe counterfeiting and human trafficking cases. It will be one of the rare cases if the NIA registers a case related to the recent gold smuggling activity.

How CBI gets involved
The CBI can register a fresh FIR if the involvement of a Central government employee comes to the notice. In such a scenario, the CBI can register an FIR under the Prevention of Corruption Act. “The CBI has registered several cases related to smuggling in Kerala after the role of government employees at airports, Air India crew or Customs officials came to light. While the smuggling angle is probed by DRI or the Customs, we probe the involvement of officials. In the case related to gold smuggling detected by DRI at Thiruvan-anthapuram airport last year, we had registered an FIR against Customs officials and people who were members of the racket,” he said.

Four days, many devpts

  July 5
● Acting on a major tip-off, Customs officers seize 30kg of gold worth over I13 crore from a diplomatic baggage at Thiruvananthapuram international airport, the largest gold haul in the state’s history. The gold was concealed in the baggage addressed to the UAE Consulate office at Manacaud in the state capital. 
● Sarith Kumar, the former PRO of the UAE Consulate, is arrested. During interrogation, he reveals the name of Swapna Suresh, who worked in a project under the state IT Department and was the former secretary at the consulate.
  July 6 
● Swapna absconds. Customs raids her apartment at Ambalamukku, recovering CCTV camera footage. 
● Opposition alleges serious lapses by CMO, which are denied by Chief Minister Pinarayi Vijayan. 
● Residents of Swapna’s previous apartment say IT secretary M Sivasankar frequently visited her house and would return at midnight after getting drunk
  July 7
● M Sivasankar removed as CM’s principal secretary  and IT secretary. 
● Oppn intensifies attacks against the govt. CM denies all charges. 
● Customs raids Swapna’s apartment again. Inspections are also held at Santhigiri ashram and White Dammar hotel. 
● Centre intervenes and Union Finance Minister Nirmala Sitharaman seeks report from External Affairs Minister of state V Muraleedharan
  July 8 
● Swapna’s friend Sandeep Nair’s involvement suspected. Sandeep’s wife Soumya interrogated by Customs. 
● V Muraleedharan says CM cannot escape from his responsibility in this crime. 
● Pinarayi writes to PM seeking action against the culprits.

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