New Delhi: On Tuesday, the Supreme Court of India questioned whether the Centre has the authority to scan and search diplomatic cargo that is protected by diplomatic immunity. The inquiry came during a hearing of a plea by the Enforcement Directorate (ED) seeking to transfer the trial of a major gold smuggling case from Kerala to Karnataka. The bench, comprising Justices Hrishikesh Roy and Satish Chandra Sharma, asked for clarification on the procedures for scanning diplomatic packages and whether the government is permitted to examine such cargo. The ED’s counsel was instructed to seek further instructions on this matter, and the case was adjourned.

The Enforcement Directorate had requested the transfer of the trial from the Special Court for PMLA Cases in Ernakulam to a Special Court in Karnataka, citing concerns about undue influence and intimidation by senior Kerala police officials and state government entities. The ED alleged that these officials were attempting to derail the trial to protect influential individuals involved in the case. This case involves the seizure of 30 kilograms of 24-carat gold, valued at Rs. 14.82 crores, which was disguised as diplomatic baggage from the UAE Consulate to avoid inspection under the Vienna Convention on Consular Relations.

The case has uncovered a broader smuggling operation, with 21 consignments of gold smuggled into India, totaling over Rs. 80 crores. Following the initial seizure, the National Investigation Agency (NIA) registered a case under the Unlawful Activities (Prevention) Act, 1967, against the accused, including former UAE Consulate officials. The Enforcement Directorate subsequently filed a prosecution complaint under the Prevention of Money Laundering Act (PMLA), 2002, revealing that the accused committed money laundering offenses. The ED claims that the ongoing trial in Kerala is being obstructed by influential persons, who are allegedly pressuring witnesses and attempting to undermine the investigation.

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