Ambika Bhardwaj
Published On: December 24, 2021 at 12:40 IST
No Case papers, no Complainant, no Witnesses, no Proof, and not even all of the suspect, this was the state of a Smuggling Case all through Trial, 45 years after Customs Officials made the annexation. Only two of the twelve Defendants Accused in 1976 Smuggling Case appeared in the City Session Court.
As a result, when the department informed the Court that it had misplaced the Case Papers and had no idea where the Officers involved in the Investigation were, the two Accused asked the Court to close their lengthy ordeal and hence the Court Acquitted them.
As per case details, Customs officials apprehended a truck Smuggling synthetic materials and metallic yarn worth Rs 1.54 lakh into India via Kutch in December 1976. The department named 14 people but only charged 12 of them with Smuggling synthetic materials and metallic yarn worth Rs 1.54 lakh into India via Kutch.
The department decided to name 14 people but only booked 12 in the 1986 Smuggling Case. Only one has been granted a pardon, and the department was able to get in touch only seven of the remaining men. In 1989, the Case was assigned to the Sessions Court for Trial.
This Case was scheduled for hearing in 2019, but the Court learned that the major suspect, Jumma Hingoria, have already died. One more suspect was assassinated some 25 years ago, but his death could not be affirmed, so the Court continued with the Case against him. Just two of the Suspects remained present through their Attorney.
The customs department informed the court during the Court hearing that the Case Papers were untraceable.
So, when Court started asking the Prosecution to recreate the Case Documents, it conveyed hopelessness even in photocopying the papers, claiming that all papers had vanished over the course of more than four decades.
Furthermore, the Special Prosecutor in the Case died in 2020.The department told the Court that neither of the Officers involved in the Case could be approached and that their location was uncertain.