Cong Ling Chinese National Vs FRRO (Bombay High Court)
Conclusion: Compensation of Rs. 10 lakh against Customs Department’s actions underscored the severity of Ms. Ling’s ordeal and served as a reminder of the importance of procedural fairness and respect for fundamental rights, irrespective of nationality.
Held: In the instant case, Ms. Cong Ling arrived in Mumbai due to a flight diversion and was found with 10 kg of gold in her possession. Ms. Ling was subsequently arrested under Sections 135(1)(a) and 135(1)(b) of the Customs Act, 1962, for allegedly smuggling gold into India. The legal saga continued with Ms. Ling’s trial before the Additional Chief Metropolitan Magistrate, where she was acquitted of all charges on October 10, 2023. The court found insufficient evidence to prove her guilt beyond a reasonable doubt, leading to her release from judicial custody. Despite this acquittal, the Customs Department chose to appeal the decision, leading to further legal battles. The Additional Sessions Judge, Mumbai, dismissed the Customs Department’s appeal on February 2, 2024, affirming Ms. Ling’s acquittal. Following this, Ms. Ling sought an exit permit from the Foreigners Regional Registration Office (FRRO) to return to China. However, the Customs Department resisted issuing the permit, citing an intent to challenge the appeal’s dismissal, despite not having initiated proceedings within the stipulated time. This standoff prompted Ms. Ling to file a Miscellaneous Application before the Additional Chief Metropolitan Magistrate, seeking intervention to secure her exit permit. It was held that the court emphasized assessee’s rights under Article 21 of the Constitution of India, protecting personal liberty, and cited international human rights principles that apply to all persons, not just citizens. The Court found the Customs Department’s actions to be wrongful and punitive, without justification. It ordered the Customs Department to issue a No Objection Certificate (NOC) for the Exit Permit within a week. Additionally, the court awarded Rs. 10,00,000 compensation to Ms. Cong Ling for the mental agony and trauma caused by the Customs Department’s actions.
