Ashok Menon ORDER
Ashok Menon, J.
1. This is a petition filed under Section 482 Cr.P.C.
The petitioner is the 3rd accused in O.R. No. 12/2013 of the Directorate of Revenue Intelligence (D.R.I), Regional Unit, Kochi, for allegedly committing an offence punishable under Section 135 of the Customs Act, 1962. The allegation against him is that along with the other accused namely Shahbaz and Abdul Lais, the petitioner/3rd accused used ladies as carriers for smuggling gold through various Airports in India. In the instant case, the smuggling gang had allegedly used two ladies named Rahila Cheerayi and Hiromasa Sebastian (accused Nos. 4 and 5, respectively) as mules to smuggle 39 KGs of gold worth Rs. 11.7 crores which includes the smuggling of 6 KGs of gold on 08/11/2013 through the Calicut Airport which was intercepted and seized by the D.R.I.
2. The petitioner has approached this Court under Section 482 of the Cr.P.C. to quash the proceedings against him in the aforesaid OR No. 12/2013 stating that apart from the confession statements of accused numbers 1, 4 and 5 under Section 108 of the Customs Act, there is no other reliable evidence against the petitioner holding guilty of having committed the offence alleged. It is stated that there is not even a remote chance of convicting the petitioner in this case and hence prays that the entire proceedings may be quashed.
3. The prosecution allegation is that on 07/11/2013 the DRI allegedly got discreet information regarding A4 and A5 arriving at Calicut International Airport by Air India Express flight IX-344 from Dubai at 4:55 AM on 08/11/2013 carrying a large quantity of gold concealed in their bodies and would be smuggling it without declaring to the Customs. Based on this information, the officers of the DRI conducted surveillance at the Airport and intercepted the aforesaid passengers while they were walking through the Green Channel. Personal search of the aforesaid passengers by the lady officers resulted in recovery and seizure of 3 gold bars weighing one kilogram each, from each of them, valued at Rs. 1,83,72,000/- in the domestic market, cleverly concealed in a long cloth wound around their waist as per Annexure-A1 mahazar. Accused Nos. 4 and 5 gave Annexures-A3 and A2 statements under Section 108 of the Customs Act, respectively, admitting smuggling of gold seized from them. They also admitted of having smuggled gold in a similar fashion on previous occasions through Chennai and Cochin International Airports. The 5th accused stated that her roommate, the 4th accused, had introduced her to Mr. Shahbaz, the 1st accused. She was made to believe that they would get good remuneration for smuggling of gold. Due to financial difficulties, she accepted the offer. She also understood that the petitioner was a business partner of the 1st accused. She admitted of having received good remuneration for smuggling gold on previous occasions. After reaching India, she had handed over the gold to the 4th accused for being handed over to the other accused. Remuneration to her was also paid through the 4th accused.
4. The 4th accused also gave a similar statement under Section 108 of the Customs Act revealing the fact that she was working as SAP Consultant and has been associated with MPC General Trading LLC, Dubai owned by the 1st accused and the petitioner. She admits of having acquaintance with the petitioner for the last 7 to 8 years. It was the petitioner who introduced her to the 1st accused as his partner in business.........