Lok Sabha Question No. 2047 (UNSTARRED), answered on 2022-12-19
Subject: Gold Smuggling in Keral
Ministry: FINANCE
Asked by: N.K. Premachandran

## GOVERNMENT OF INDIA MINISTRY OF FINANCE DEPARTMENT OF REVENUE

## LOK SABHA UNSTARRED QUESTION NO. 2047

TO BE ANSWERED ON MONDAY, THE 19 TH  DECEMBER, 2022

## Gold Smuggling in Kerala

## 2047. SHRI N K PREMACHANDRAN

Will the Minister of FINANCE be pleased to state:

- (a) Whether  the  Government  proposes  to  investigate  the  involvement  of  top  most executives in Kerala with regard to their involvement in gold smuggling cases through Thiruvananthapuram Airport on the basis of the 164 statement given by the accused before the competent court and if so, the details thereof;
- (b) Whether  the Government  proposes to wind up the investigation due to the involvement of top most executives in Kerala and if so, the details thereof;
- (c) Whether the Ministry of Finance has received any request from Ministry of External Affairs regarding this matter and if so, the details thereof;
- (d) Whether the Central Investigation Agencies are facing difficulties in ensuring smooth and fair investigation of the case due to the influence of executive in Kerala and if so, the details thereof; and
- (e) Whether  the  Central  Investigation  Agencies  have  filed  affidavit  before  the  Court regarding this matter and if so, the details thereof?

## ANSWER

## MINISTER OF STATE IN THE MINISTRY OF FINANCE (SHRI PANKAJ CHAUDHARY)

(a) Directorate  of  Enforcement  has  initiated  investigation  in  the  case  of  smuggling  of gold through the diplomatic baggage of the UAE Consulate, Trivandrum on the basis of an FIR  registered  by  National  Investigation  Agency  (NIA)  u/s  16,  17  and  18  of  Unlawful Activities (Prevention) Act, 1967 which was based on the seizure of 30 kg gold by Customs (Preventive)  at  Trivandrum  International  Airport  which  was  camouflaged  as  diplomatic baggage of UAE Consulate, Trivandrum. The statement given under Section 164 by the accused before the competent court is also taken into account.

- (b) No.
- (c) No.

(d) & (e) Two FIRs have been filed against officers of Enforcement Directorate by Crime Branch  Police  Station,  Ernakulam  District.  Two  Writ  Petitions  were  been  filed  by  ED before High Court of Kerala challenging the FIRs as illegal. The High Court quashed the two  FIRs  registered  against  the  ED  officials  vide  common  order  dated  16.04.2021.  The Government  of  Kerala  has  filed  two  Writ  Appeals  against  the  Common  Order  dated 16.04.2021 of Hon'ble High Court of Kerala. The Government of Kerala has also appointed a one-man Commission of Inquiry under Commissions of Inquiry Act, 1952 to examine and look into the correctness of the PMLA investigation.  Hence,  a  Writ  Petition  was  filed  before  the  Hon'ble  High  Court  of  Kerala challenging the appointment of Judicial Commission. Based on the submissions of ED, the Hon'ble Single Bench of High Court of Kerala stayed the appointment of the Judicial Commission. The State Government filed another Writ Appeal No. 1532 of 2021 against the stay. Enforcement Directorate has filed a transfer petition before the Hon'ble Supreme Court of India for transfer of trial outside the State of Kerala stating that 'there is a gross misuse of the State machinery against the agency and its officers, which is clearly evident from the registration of two FIRs leading to an unprecedented situation where implementation of  rule  of  law  would  have  become  impossible.  This  has  given  rise  to  an  unprecedented situation wherein the State Police is intimidating the ED officers from carrying out their statutory  duties  under  the  PMLA.  In  such  circumstance,  it  would  be  impossible  to conduct a fair trial'.

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