Kerala Court Denies ED's Plea For Copies Of Statements Of Gold Smuggling Accused In Customs Case

The two are facing investigation for the smuggling gold via diplomatic channels and for the illegal smuggling of foreign currency.

Additional Judicial Magistrate Deepu C dismissed the application holding that confidential statements made in the course of one investigation could not be made available to an investigating officer in a separate investigation.

The ED approached the Court seeking certified copies of statements made by Swapna and Sarith before a Magistrate, recorded under Section 164 of the Code of Criminal Procedure.

During proceedings, the ED urged the Court to allow them copies of the statements stating that the same would be helpful to the petitioner for the successful investigation.

The Court posed the question of whether an officer investigating offences under the Prevention of Money-Laundering Act could seek copies of statements recorded in the course of an investigation conducted by the Customs Department.

Referring a memorandum issued by the Kerala High Court, which in its turn was based on a ruling of the High Court in Shakkeer v. State of Kerala (2014) 4 KLT 650, the Court pointed out that proceedings in relation to recording the statements of witnesses under Section 164 were to be conducted in camera and a copy of its shall not be given to anyone other than the Investigating Officer. It was held in that case that the proceedings in relation to recording the statements of witnesses u/s 164 (1) Cr P.C shall be conducted in camera and copy of it shall not be given to anyone other than the Investigating a Officer who may require it for his investigation until and unless it is made public by him by making it part of the records of the case without any reservation. The Investigating Officer shall not directly or indirectly disclose its contents or issue its copy if it is against public interest.

Referring to this precedent, the Magistrate observed,

"As statements of Sarith P.S. and Swapna Prabha Suresh were recorded in relation to the smuggling cases at the instance of Investigating Officer of the Customs, this court is unable to issue copy of such statements to Investigating Officer of Enforcement Directorate who investigates offences under Prevention of Money-Laundering Act."

On these terms, the application was dismissed.

Notably, a statement presented in the High Court on Friday by the Customs Department stated that Suresh had alleged the involvement of the Chief Minister, some ministers, and others in foreign currency smuggling.

The cases are presently being investigated by the Customs, the National Investigation Agency, as well as the ED