Mumbai: The Metropolitan Magistrate court acquitted a businessman in a nearly two-decade-old smuggling case, holding that the prosecution failed to prove the charges beyond reasonable doubt.
The Customs had detained the businessman who was to take a flight to Sharjah in Nov 2006 suspecting him of carrying contraband to Sharjah. The search of his baggage resulted in recovery of foreign currencies worth Rs 6 lakhs along with diamonds worth Rs 5 lakhs and knowingly attempted evasion of Customs prohibition. The 8th Metropolitan Magistrate KS Zanwar acquitted Javed Riyaz Ahmed of all the charges of Customs and directed him to furnish a personal bond of Rs 15,000.The case stemmed from a November 7, 2006 incident involving officers of the Air Preventive Unit of Mumbai Customs. The prosecution alleged recovery of foreign currency and other items and claimed the accused was knowingly involved in attempted evasion of customs prohibitions. However, during the course of the trial, key witnesses were not examined after the framing of charges. Ahmed through his lawyer Aftab Qureshi pleaded not guilty. The court noted that despite ample opportunities, the department failed to secure the presence of crucial material witnesses, including the complainant and panchwitnesses, for cross-examination.Holding that there was no complete chain of evidence to establish guilt, the court said the prosecution had not proved that the accused was knowingly concerned in fraudulent evasion or dealing with the alleged foreign currency and goods
