KOCHI: Claims that Sivasankar was the mastermind behind smuggling, money from Swapna’s locker was of bureaucrat contradict findings of other agencies, a report states that Swapna explained to NIA that the fund seized from her was the gratification of the gold smuggled with the help of other accused
The revelations made by the Enforcement Directorate (ED) about gold smuggling case accused Swapna Suresh and former principal secretary M Sivasankar's involvement have landed two central agencies - National Investigation Agency (NIA) and the customs - in a tight spot.
While ED claims Sivasankar was the mastermind behind gold smuggling and money from Swapna’s locker was of the bureaucrat contradict the probe findings of the other two agencies. This was also raised by Sivasankar’s counsel, B Raman Pillai, when the bureaucrat’s bail petition was considered by the Special Court for Prevention of Money Laundering Act (PMLA) cases in Kochi on Thursday.
“The ED’s claim is just opposite to what the NIA investigation found. In this case, all three agencies are moving in different directions,” he had told the court. The NIA, while opposing the bail petition of Swapna at the NIA Court in Kochi in August, filed a report stating that the money found from Swapna, including in her lockers, was from gold smuggling.
"The petitioner was working in the UAE Consulate in Kerala and she was paid a salary through account transfer. Then, the presence of such a huge amount of US dollars besides cash and investment instruments will substantiate the case of the prosecution that they were derived through offences committed by the accused," the report said.
The report also stated that Swapna explained to NIA while in custody that the fund seized from her was the gratification of the gold smuggled to India many times with the help of other accused.
On the other hand, ED in the report filed at the Special Court stated that the money sei z ed from Swapna's locker was kickback meant for Sivasankar in Wadakkanchery LIFE Mission project. Similarly, SV Raju, Additional Solicitor General, said Sivasankar was the mastermind behind the gold smuggling.
He substantiated it by claiming that Sivasankar refused to intervene in getting the diplomatic baggage containing 30kg of gold seized at Thiruvananthapuram airport released knowing that there was gold inside it. According to NIA sources, the agency will conduct a probe about the source of money found from the lockers of Swapna and Sivasankar’s involvement in smuggling gold.
"Our investigation so far could not connect Sivasankar with gold smuggling. We are investigating a case registered under the Unlawful Activities Prevention Act and terrorism charges are invoked. We can only arraign him when there is concrete evidence to prove terrorism charges against him. The investigation is going on in this regard," a source said.
The NIA has arraigned 35 persons as accused in the case and could nab key accused including Swapna and Sandeep Nair. Similarly, its team also travelled to Dubai to conduct a probe and a key accused was deported.
The probe has slowed down due to the COVID-19 outbreak and one of its officers had contracted the virus. Similarly, the customs is already troubled after ED claimed that Sivasankar had contacted a customs officer to get the diplomatic baggage released. The agency had found that KT Rameez is the mastermind behind the smuggling while ED claims it to be Sivasankar.