Smugglers are held: what happens next?
In this current financial year, the AIU, Mumbai has issued 140 show cause notices.
Mumbai: According to the law, carrying gold less than worth Rs 20 lakh is a bailable offence, while carrying more than worth Rs 20 lakh of gold leads to prosecution. Frequent smugglers caught with gold amounting to more than a crore deal with Cofeposa cell that sends the case to the home ministry.
Given the frequent numbers of back to back gold smuggling cases in the past few months, The Asian Age gets details of the process which smugglers undergo until the court declares arrest.
The Chhatrapati Shivaji International Airport (CSIA) is the busiest and second largest aurport in India handling almost 225 flights and 36, 194 passengers every day. Having completed the preliminary investigation after intercepting a passenger, the Air Intelligence Unit (AIU) prepares part of the case files and forwards them to respective investigation cell, prosecution cell, Cofeposa cell for further necessary action. In the current financial year (upto January 17), 118 cases have come under scanner wherein 41 people (including four foreigners) were arrested.
On receiving the case file, the investigation cell conducts further investigation in the case which includes recording of statements, collection of evidences, corroboration of facts and figures emerged in the case, conducting follow-up searches and issuance of show cause notice within the period of six months from the date of seizure. In this current financial year, the AIU, Mumbai has issued 140 show cause notices.
Prosecution cell puts up the case file to appropriate authority to launch prosecution against the offenders under Customs act, 1962, and brings them to justice. The cell liases with penal counsel and files the cases against the offenders in magistrate court, sessions courts, NDPS court, high courts. At present, offenders involved in almost 490 cases are being prosecuted in various courts as per the provisions of Customs act, 1962.
Cofeposa cell presents cases before the screening committee formed for scrutiny and approval for the case to be dealt under the provisions of this Act. It is then sent to the home ministry (appeal), which is the detaining authority for further action. The ministry deliberates for final consideration to issue the detention order.