Bombay High Court Slams Customs Department’s ‘Vindictive’ Actions, Orders Exit Permit for Acquitted Chinese National”

Bombay High Court criticizes Customs Department for abuse of power, mandates exit permit and compensation for Chinese national acquitted of gold smuggling charges.

In a significant ruling, the High Court of Judicature at Bombay has directed the issuance of an exit permit to Ms. Cong Ling, a Chinese national acquitted of gold smuggling charges. The court, led by Justice Prithviraj K. Chavan, criticized the Customs Department for its conduct and ordered a compensation of Rs. 10,00,000 for the petitioner’s mental agony and trauma. The judgment underscores the importance of procedural compliance and the protection of personal liberty under Article 21 of the Indian Constitution.

Ms. Cong Ling was intercepted at Mumbai’s Chhatrapati Shivaji Maharaj International Airport on December 12, 2019, carrying ten gold bars weighing 10 kg. She was booked under multiple sections of the Customs Act, 1962, and subsequently arrested. After spending 59 days in custody, Ms. Ling was acquitted by the Additional Chief Metropolitan Magistrate on October 10, 2023, a decision upheld by the Additional Sessions Judge on February 2, 2024. Despite her acquittal, the Customs Department obstructed her exit from India, prompting her to file a writ petition seeking an exit permit.

The court condemned the Customs Department’s actions as “vindictive and an abuse of power,” noting that despite Ms. Ling’s acquittal and the dismissal of the Customs Department’s appeal, she was prevented from leaving India due to a Look-Out Circular (LOC). The court highlighted that the Department’s failure to challenge the acquittal within the statutory period was a gross misuse of authority.

Emphasizing Article 21 of the Constitution, the court affirmed that the right to life and personal liberty extends to foreign nationals. “The word ‘person’ in Article 21 is wide enough to cover not only citizens but also foreigners,” Justice Chavan remarked. The court underscored that Ms. Ling’s prolonged detention was unjustifiable and that the Customs Department should have adopted a more humane approach.

The judgment highlighted procedural lapses by the Customs Department, notably their failure to obtain requisite approval before filing an appeal, as mandated by Circular No. 27/2015-Cus. The court stressed the importance of procedural compliance, criticizing the Customs Department’s attempt to argue against the binding nature of the circular.

Justice Chavan elaborated on the necessity of respecting the fundamental rights of foreign nationals, drawing parallels with international human rights conventions. “Our Constitution commands that foreign nationals coming here shall not be discriminated. They will have to be treated equally before the law and their right to live will have to be honoured and protected,” the judgment read.

Justice Chavan remarked, “The conduct of the respondent No. 2 is not only wrongful and vindictive but it amounts to gross abuse of its powers in restricting the petitioner to leave for her country without any justification.”

The High Court’s decision sends a strong message about the protection of personal liberty and procedural integrity in the Indian legal system. By ordering the issuance of the exit permit and substantial compensation for Ms. Ling, the court reinforced the principle that justice must prevail without discrimination. This landmark judgment is expected to influence future cases involving foreign nationals, ensuring that their rights are upheld in accordance with constitutional provisions.

Date of Decision: 11^th July 2024

Ms. Cong Ling vs. FRRO and Others