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2022 (7) TMI 884 - HC - CustomsSmuggling - Gold Bars - reason to believe that the Gold Bars are of Foreign Origin - Absolute Confiscation - Section 110 of the Customs Act, 1962 - How the Inspector of Police, even after coming to know that the property is the smuggled gold, from a restricted customs area, he continue with the investigation, that too, without informing to the Customs Authorities? - On what basis the Assistant Public Prosecutor, attached to the Judicial Magistrate No.II, Alandur, raised objection for returning the property to the Directorate of Revenue Intelligence Officer, Chennai? - HELD THAT:- On the very first day, the 1st respondent Police was very much aware that the gold bars are with foreign origin and the assessor had given a report about the purity of the gold confirming that it is smuggled gold. The right thing should have been done by the 1st respondent Police Officer is that he has to inform the customs/DRI authorities, but it has not done. Even the superior officers with whom the Inspector of Police/1st respondent Police had regular communication about the case, for the reasons best known, kept quite. Only after the DRI authorities facing resistance and sensing some mischiefs, had informed the Commissioner of Police about the entire episode and whatever tracking and information they could collect. Thereafter, the local police upto the Joint Commissioner level had started giving information. On the query of the Commissioner of Police, the case gained momentum everything was informed to the Court. Thereafter, the DRI's query was responded and the petition was filed before the lower Court. It is also seen that the Police had acted in alacrity, but nothing was forwarded to the Court then and there immediately. It is certain that the Inspector of Police Mr.Ravi would not have conducted the investigation without the aid and support of his superior officials like the Deputy Commissioner and the Joint Commissioner and others. For what reason, the collected evidence was withheld and why there was so much resistance in handing over the gold bars is not known. This needs a probe to clear the mystery. Hence, this Court leave it to the wisdom of the Director General of Police, Chennai to take appropriate action against the erring officials in this regard. It is seen from the investigation that the property viz., 9 Kgs of Foreign origin gold, appeared to have been smuggled into India, through Chennai Airport, by Qatar Airways Flight, from Qatar, on 23.08.2021, engaging the services of Flight cleaning staff and Flight Catering Staff, with the active involvement of the 2nd Respondent and others. On investigation, the smuggled gold produced before the jurisdictional Court - The Magistrate ought to have ordered custody of the smuggled gold to the absolute custody of the petitioner herein, vesting the right to dispose it off under Section 110 of the Customs Act, 1962, facilitating further action under the said Act. Hence, this Court is inclined to set aside the order dated 22.09.2021. The attested Mahazar copy can be used as document to prove the case in Crime No.437 of 2021. The foreign sealed gold bar are the property to be retained and disposal by the DRI / Customs The order of the lower Court, in imposing the condition to return back 9 Kgs of gold bar, is not proper. This Criminal Original Petition stands allowed.
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