Delhi Court Grants Bail to Eight in ₹9.90 Cr Gold Smuggling Case
Eight accused in a ₹9.90 crore gold smuggling case get bail from Delhi court as no direct recovery was made from them.
A Delhi court has granted bail to eight individuals accused in a massive gold smuggling case involving contraband valued at approximately ₹9.90 crore. The decision came after the court observed a lack of direct physical evidence linking the accused to the recovered gold.
No Direct Recovery Found
The Chief Judicial Magistrate, Mridul Gupta, passed the order on October 5 regarding eight bail applications filed under Section 480 of the BNSS. The core of the court's observation was that no personal recovery of the gold was made from any of the accused individuals. Furthermore, the court noted that there was no independent material available at this stage to specifically connect each individual to the seized 23 gold chains, which weighed a total of 6.495 kg.
Defence Alleges Custodial Violence
The defence presented a strong argument against the detention, alleging that the applicants were subjected to illegal detention and inhuman treatment even before their formal arrests. Legal counsel highlighted medical examination reports showing bruises, swelling, and various injuries on the accused.
The defence further challenged the validity of the investigation, claiming that:
- Statements allegedly recorded under Section 108 of the Customs Act were not voluntary.
- Accused individuals were coerced into signing documents that had already been written.
- The entire case was built on conjectures and surmises regarding an alleged arrangement in Dubai.
The applicants maintained that their visit to Dubai was for bona fide purposes and denied any connection to the smuggled gold. They also pointed out that a search conducted at one of the applicants' residences yielded no incriminating articles related to the case.
The Customs Department's Allegations
The Customs Department had opposed the bail, stating that the group arrived at IGI Airport from Dubai on September 21. According to the department, they were intercepted after crossing the green channel. The prosecution alleged that three pouches containing the 23 gold chains were recovered from the aircraft.
The department's theory suggested a sophisticated modus operandi where the gold was distributed among the travelers before security checks in Dubai and then collected back later. They also relied on statements under Section 108 of the Customs Act, claiming the accused had admitted to involvement and revealed similar past activities.
Court's Reasoning for Bail
In its ruling, the court addressed the conflicting claims. While the prosecution relied on the Section 108 statements, the court noted that the voluntariness and evidentiary value of these statements were being specifically disputed by the accused. The court remarked that determining whether these statements were sufficient to prove a conspiracy would require a detailed appreciation of evidence at a later stage.
Crucially, the court found a lack of contemporaneous evidence to support the prosecution's claims, such as:
- Relevant communications between the accused.
- CCTV footage of the alleged transaction.
- Statements from airline or ground-handling personnel that could corroborate the handing over and collection of gold in Dubai.
The court concluded that since the physical contraband, the accused's mobile phones, and their passports were already in the custody of the department, along with official immigration and flight records, there was no significant risk of the accused tampering with the evidence.