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May 19 11 tweets 2 min read
Breaking: #DelhiHighCourt is hearing the plea challenging rejection of bail in Gauhati to Delhi Gold Smuggling Case
Mr. Saurabh Kripal appears for one of the accused on Ravikiran Gaikwad. While Mr. Rahul Tyagi appears for the National Investigation Agency.
Mr. Saurabh Kripal - This is the problem. When do you convert a customs case to a UAPA case? Simply because there were two gold smuggling cases in Kerala and Rajasthan, so the government has invoked UAPA.
Ms. Mukta Gupta J. - Was there anything connecting the smuggling case with international linkages?

Mr. Saurabh Kripal - Nothing Milords.
Ms. Mukta Gupta J. - So this gold was being smuggled domestically?

Mr. Saurabh Kripal - Yes Milords.
Mr. Saurabh Kripal - The chargesheet alleges that the accused smuggled the gold in from Myanmar. There is nothing to show what links the gold to Myanmar or how the import happened or who did it.
They have simply taken names of all neighbouring countries. I think the only neighbouring country left out is Pakistan.
Mr. Saurabh Kripal - and this is a chargesheet by the premier investigating agency of the country!
Mr. Saurabh Kripal - There is unbridled discretion to invoke UAPA.
Ms. Mukta Gupta J. - Do the appellants have criminal antecedents?
Mr. Saurabh Kripal - No milords
Mr. Saurabh Kripal - The question is whether per se smuggling gold can entitle the state to invoke UAPA.
Ms. Mukta Gupta J. - No per se smuggling cannot invite UAPA.
Mr. Saurabh Kripal - But milords that is the argument that the state has taken.
Matter listed for further arguments on May 24

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May 21
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