ASSISTANT COMMISSIONER OF CUSTOMS Vs. EDWIN ANDREW MINIHAN

JUDGEMENT

(1.) An Irish citizen was found in possession of ten gold bars at the Cochin International Airport on 13/7/2015. He was soon indicted for smuggling gold and prosecuted in C.C. No.411/2016 before the Additional Chief Judicial Magistrate (EO), Ernakulam. By judgment dtd. 26/3/2019, the learned Additional Chief Judicial Magistrate acquitted the accused. Hence, this appeal.

(2.) The prosecution was initiated based upon a complaint filed by the Assistant Commissioner of Customs, alleging offences punishable under Sec. 132 and 135 of the Customs Act, 1962 (for short 'the Act').

(3.) The prosecution case was that the accused arrived at Cochin International Airport on 13/7/2015 on Emirates Flight EK 534 from Dubai. He had with him two pieces of hand baggage. At the exit gate of the airport terminal, he was intercepted and found in possession of a customs declaration form duly filled in, with the column for declaration of Gold Jewellery (Over Free Allowance) encircled. Prosecution alleged that when the accused was questioned on whether he carried any dutiable goods, he replied in the negative. However, since the X-ray showed a dark image in his coat pockets, a search was conducted, which revealed that he carried a gold bar in each of his pockets. There were ten gold bars weighing 10 kg in total and worth Rs.2,45,43,500.00. Later, the accused gave a statement under sec. 108 of the Act, confessing that he had engaged in smuggling the gold to India. He also stated that he had indulged in smuggling on 21 occasions earlier, thus committing the offences alleged.