A magistrate court in Mumbai has acquitted a London-based passenger who was allegedly caught with over 3 kilograms of concealed gold, currently valued at Rs 4.6 crore, after he walked through the ‘green channel’ at Mumbai airport a decade ago. The court observed that there was no evidence to show that he was knowingly involved in fraudulent evasion or an attempt to evade customs duty.
Prosecution’s Failure to Prove Case
Additional Chief Judicial Magistrate K S Zanwar noted the prosecution’s failure to prove the case through legally admissible evidence and the absence of key witnesses for cross-examination. “There is no evidence to show that the accused was involved in alleged activities as well as evasion of customs duty. It is required to note that the [customs] department failed to secure the presence of the complainant for evidence,” the magistrate said.
Background of the Case
Irfan Molvi, a British citizen, faced charges under the Customs Act for offences related to false declarations and evasion involving goods liable to confiscation. According to the prosecution, on the night of January 5-6, 2015, officers from the customs department’s air intelligence unit intercepted Molvi after he arrived from Hong Kong and exited via the green channel, which is meant for passengers with no dutiable goods to declare. Officers questioned him about dutiable or contraband goods, but he denied carrying any. A metal detector reportedly signaled the presence of metal on him.
Customs officers alleged that a personal search was conducted before a gazetted officer and in the presence of independent panch witnesses. The search, they said, led to the discovery of gold concealed in Molvi’s footwear, a 1kg gold bar, and a plastic pouch containing additional gold bars from each sock. The seizure memo described a total recovery of 3,118 grams, including two 1kg bars, nine bars of 10 tolas each, and two smaller pieces of 37 grams each, then collectively valued at nearly Rs 78 lakh. The gold was seized on the belief that it had been smuggled and was liable for confiscation, and was deposited in a customs warehouse for safe custody.
Legal Proceedings
The complaint was filed on October 9, 2015. However, charges were framed only in 2024, and Molvi pleaded not guilty. The judgment recorded that the prosecution did not examine the complainant, did not prove the sanction for prosecution through the sanctioning authority, and did not prove the panchanama through panch witnesses. The court noted that the complaint itself was not proved in accordance with law, and that material witnesses, including panchas, were not brought before the court despite repeated opportunities.
