Mumbai: Observing that there is no evidence to show that he was knowingly involved in fraudulent evasion or attempt of evasion of customs duty, a magistrate court acquitted a London-based passenger allegedly caught with over 3kg of concealed gold, currently valued at Rs 4.6 crore, after he walked through the ‘green channel’ at Mumbai airport a decade ago.It 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,” said additional chief judicial Magistrate K S Zanwar.Irfan Molvi, a British citizen, faced charges under 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 duty goods to declare. According to the complaint, officers questioned him about dutiable or contraband goods but he denied carrying any. A metal detector reportedly signalled 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 3,118gm, two 1kg bars, nine bars of 10 tolas each, and two smaller pieces of 37gm each, then collectively valued at Rs nearly 78 lakh. The gold was seized on the belief it had been smuggled and was liable for confiscation, and was deposited in a customs warehouse for safe custody.The complaint was filed on Oct 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.
