A Mumbai court has acquitted a 70-year-old businessman from Bhopal, bringing an end to a legal battle that began over a decade ago. The case pertained to allegations of attempting to smuggle gold jewellery, liquor, and Indian currency into the country via the Chhatrapati Shivaji Maharaj International Airport in 2012.
Prosecution Fails to Prove Charges in Court
Additional Chief Metropolitan Magistrate KS Zanwar acquitted Ghanshyam Das of offences under various sections of the Customs Act, 1962. The court ruled that the prosecution failed to establish a complete chain of evidence linking the accused to the alleged crime. Consequently, the benefit of doubt was extended to Das.
The case dates back to December 8, 2012, when customs officers from the Uniform C-III Batch intercepted Das upon his arrival from Dubai. A subsequent search allegedly led to the seizure of four liquor bottles valued at Rs 33,209, gold jewellery weighing approximately 352 grams worth Rs 8.27 lakh, and Indian currency amounting to Rs 50,000.
Key Lapses in the Prosecution's Case
The court noted significant lapses that weakened the case against the businessman. The goods had been seized under a panchnama on suspicion of being brought into India without declaration, violating the Customs Act and FEMA regulations.
However, during the trial, the prosecution could not produce crucial witnesses. Krishna Naik, the Superintendent of Customs in the Air Intelligence Unit who had recorded the accused's statement under Section 108 of the Customs Act, remained unavailable for cross-examination after charges were framed. This deprived Das of a vital opportunity to challenge the evidence.
Furthermore, the court observed that the complainant, panch witnesses, and other material witnesses were not produced despite repeated opportunities. Key documents, including the sanction for prosecution, were also not legally proved.
Court Cites Principles of Criminal Jurisprudence
In its order, the court referenced established principles of criminal jurisprudence. It stated, "There must be a complete chain of evidence as not to leave any reasonable ground for a conclusion consistent with the innocence of the accused…. All the facts established should be consistent only with the hypothesis of guilt."
The magistrate held that this stringent standard was not met in the present case. The evidence presented did not form an unbroken chain that pointed solely to Das's guilt, leading to the acquittal.
Speaking after the verdict, Das's lawyer, Ravi Hirani, said, "My client had to suffer mental agony since 2012 and used to attend court from Bhopal every time. He belongs to a rich family and was carrying gold jewellery for his personal use. It was released by the customs department and the court rightly held that there was no criminal conspiracy to smuggle gold into India."
The adjudication proceedings by Customs had earlier ordered the confiscation of the seized goods and imposed penalties on Das. However, the criminal case could not stand judicial scrutiny due to the prosecution's inability to prove its allegations beyond reasonable doubt.
