Kochi: The bail granted to Sandeep Nair, an accused in the diplomatic channel gold smuggling case, after he turned approver has come under scrutiny for the alleged violation of the norms.
In any criminal case, if the trial court grants permission for the accused in judicial custody to turn approver, the accused should be kept in judicial custody until the trial in the case is completed, as per the CrPC 306 (4) B.
Sandeep got bail in the UAPA (Unlawful Activities Prevention Act) and the Customs cases in violation of this norm. In the UAPA case, the NIA special court had made Sandeep the approver. But Sandeep is in one-year preventive detention of the Customs, as per the COFEPOSA (Conservation of Foreign Exchange and Prevention of Smuggling Activities) Act. And that is why he was not released from jail despite getting bail in two cases.
Legality over granting bail
The district principal sessions' court raised the crucial question as to whether the NIA had filed an appeal against the bail granted to the approver in the gold smuggling case, that was in violation of the CrPC .
The court posed the question while considering Sandeep's bail plea in the PMLA (Prevention of Money Laundering Act) case registered by the Enforcement Directorate (ED).
The accused's counsel pointed out to the court that Sandeep had got bail in the UAPA case. This led to a discussion in the court over the legality of granting bail to Sandeep, an approver, before the trial was over.