Case Note & Summary
The case of a Chinese woman, Ms. Cong Ling, who arrived in India on December 12, 2019, and was intercepted at Mumbai's Chhatrapati Shivaji Maharaj International Airport with 10 kilograms of gold. The customs officials charged her with smuggling under the Customs Act, 1962. However, she was acquitted by the Additional Chief Metropolitan Magistrate in October 2023 and the appeal by the Customs Department was dismissed in February 2024. Despite her acquittal, she faced hurdles in obtaining an Exit Permit to return to China due to the Customs Department's actions. The court criticizes the Customs Department's conduct and orders the issuance of the Exit Permit along with compensation for the petitioner.
1. Introduction and Preliminary Orders
Rule issued and made returnable forthwith. Respondent counsel waives service. Case taken up for final disposal at the stage of admission.2. Case Background
The petitioner, a Chinese woman, arrived in India on December 12, 2019. Her flight from Beijing to Delhi was diverted to Mumbai due to bad weather. She was intercepted at Mumbai Airport with a black Samsonite trolley bag and a blue backpack. Customs officials found 10 kg of gold bars in her baggage.3. Legal Proceedings and Acquittal
The petitioner was charged under the Customs Act, 1962 for smuggling gold. She was arrested and later acquitted by the Additional Chief Metropolitan Magistrate on October 10, 2023. The Customs Department's appeal against her acquittal was dismissed by the Additional Sessions Judge on February 2, 2024.4. Issues with Exit Permit
The petitioner sought an Exit Permit to return to China, supported by an affidavit. The Additional Chief Metropolitan Magistrate directed FRRO officials to issue the Exit Permit on March 7, 2024. Despite acquittal and dismissal of the appeal, the Customs Department opposed the issuance of the Exit Permit.5. Court Observations and Criticism
The court criticizes the Customs Department's conduct as wrongful, vindictive, and an abuse of power. Highlights the humanitarian aspect and the fundamental rights of foreign nationals under Article 21 of the Constitution of India. References Circular No.27/2015-Cus and a Supreme Court decision emphasizing the binding nature of departmental circulars.6. Final Orders
The court invokes its powers under Section 482 of the Cr.P.C. to prevent abuse of court process and ensure justice. Orders the Customs Department to issue the Exit Permit within two weeks. Directs the Union of India to pay Rs.10,00,000/- as compensation for the mental agony and trauma suffered by the petitioner.7. Conclusion
Emphasizes the importance of treating foreign nationals with fairness and respect to uphold India's constitutional and international commitments.
Issue of Consideration: Ms. Cong Ling Versus FRRO Bureau of Immigration Ors.
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