Legal principle

In a chain smuggling operation, non-recovery of contraband from an accused's person is not by itself a ground to quash proceedings at the threshold, for 'innocence is a defence to be demonstrated in the proceedings, not a solitary ground to prevent the proceedings themselves.'

Court decision

The High Court (Justice M. Nagaprasanna) rejected the criminal petition and refused to quash or interdict the proceedings, leaving all the petitioner's contentions open and observing that its remarks would not prejudice the competent authority in the proceedings before it.

Facts

The petitioner, a cabin cleaner (Cabin Care Assistant) with AI SATS at Kempegowda International Airport, Bengaluru, was alleged to have retrieved 2 kg of 24-karat gold valued at Rs.1,92,50,370 concealed beneath Seat 39A of Saudi Airlines Flight SV-866 from Jeddah by an unknown passenger who disembarked without carrying it through Customs. He allegedly placed the packet in a garbage bag inside a co-worker's backpack to carry it beyond the tarmac, was intercepted by one Hafijuddin, and then attempted to hide the bars behind a vehicle. Customs' Air Intelligence Unit recovered the gold, recorded statements under Section 108 of the Customs Act, had the petitioner arrested and remanded (later enlarged on bail), and a complaint in Crime No.28/2025 under Section 135(1)(i) was pending before the Special Court for Economic Offences, with a show-cause notice issued by the Joint Commissioner of Customs.

Key provisions

• Section 108, Customs Act, 1962 — Power to summon persons to give evidence and produce documents
• Section 111(d), Customs Act, 1962 — Confiscation of improperly imported goods etc
• Section 135, Customs Act, 1962 — Evasion of duty or prohibitions
• Section 2(39), Customs Act, 1962 — Definitions
• Section 123, Customs Act, 1962 — Burden of proof in certain cases
• Section 112(a), Customs Act, 1962 — Penalty for improper importation of goods
• Section 124, Customs Act, 1962 — Issue of show cause notice before confiscation of goods etc
• Section 104, Customs Act, 1962 — Power to arrest
• Rule 3, Baggage Rules, 2016 — Passenger arriving from countries other than Nepal, Bhutan or Myanmar
• Section 117, Customs Act, 1962 — Penalties for contravention etc not expressly mentioned
• Section 110(1), Customs Act, 1962 — Seizure of goods, documents and things
• Section 51, Customs Act, 1962 — Clearance of goods for exportation