Dollar Smuggling Case-Swapna Suresh Made Shocking Revelations About Chief Minister, Some Ministers And Speaker: Customs Tells Kerala High Court

The statement comes in response to an application filed by the Directorate of Prisons challenging an Order of the Additional Chief Judicial Magistrate's Order directed protection to gold smuggling accused Swapna Suresh in the prison in which she was detained.

Swapna is a key accused in a case involving the smuggling of gold via diplomatic channels and facing multiple probes by ED, NIA and Customs. She has been under custody from September 2020.

The Order in its turn was passed disposing of a petition filed by Swapna Suresh seeking protection in prison. In her petition, she had averred that she was being harassed and intimidated in prison pursuant of her revelations that persons in government and other high-profile persons were involved in the case.

Aggrieved by the order, the Director of Prisons moved an application in the High Court.

In the document filed today, signed by Commissioner of Customs Sumit Kumar, the Commissions places on record that Swapna Suresh had alleged the involvement of various persons in government in statements during investigation as well as before the Magistrate.

The statement reads,

"She has made shocking revelations about the Chief Minister's close connections with the previous Consul General of UAE and the illegal monetary transactions carried out. Her close connection with the Chief Minister and his Principal Secretary and a personal staff was also revealed by the 1st respondent (Swapna Suresh). She has also stated with clarity about smuggling of foreign currency at the instance of the Hon'ble Chief Minister and the Hon'ble Speaker with the help of the Consulate. She has also clearly stated about the improper and illegal activities of 3 Hon'ble Ministers of the State Cabinet and the Hon'ble Speaker. She has further stated about the involvement and the kickbacks received by high-profile persons from various deals."

Stating that there was nothing unnatural about Swapna's misgivings about her safety in prison in light of the revelations made, the Customs Department enjoins the Court to reject the case filed by the Director of Prisons.

"During the further proceedings in the case or in other proceedings that may arise in future the disclosures made by the Customs Preventive Commissionerate the 1^st respondent will have serious impact and are likely to cause serious prejudice to the persons above said. They being high profile politicians and holding high positions in the government are capable of repelling by all means. Therefore, the apprehension of the 1^st respondent regarding her safety in prison and threat to her life is perfectly justified. She cannot be found fault with for seeking protection as the facts disclosed being highly sensitive".

Apart from this, the Customs alleges that Swapna revealed during investigation that she was not receiving basic protections available to persons detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA).

Pertinently, the Customs highlights in its statement that the statement made by Swapna to a magistrate prior to filing her petition for protection was made through the Customs.

Explaining their interest in the case, the statement reads,

"It is also submitted that the lst respondent being a detenu under the COFEPOSA Act, in a proceeding sponsored by the Customs (Preventive), ensuring her safety is in the interest of the Customs also and therefore the Customs is defending the order passed by the learned Addl. CJM and the observations made for the purpose of passing the order."

The statement narrates that her application seeking to record a statement to a Magistrate was made through the Customs after her counsel refused to file the same.

The Customs Statement submits that several instances of torture of prisoners by the prison authorities and staff have happened in the prisons of Kerala and refers the recent torture of the convicts in Poojapura Central Prison.

Iterating that her apprehensions were warranted, the Customs requests the High Court to reject the case moved by the Director General of Prisons.