The Bombay High Court on Thursday directed the Immigration Bureau to immediately issue exit permit to the Chinese national observing that unnecessary victimisation of the woman may reflect in the bilateral relations of the two countries.
The court has directed the Union government to pay compensation of Rs10 lakh to the woman, Cong Ling, 38, for the mental agony, trauma and sufferings undergone by her due to the conduct of the Customs department.
In 2019, Ling came to India but was arrested at the Mumbai airport on charges of smuggling gold worth Rs3 crore. She was acquitted in 2023 by the trial court which was also upheld by a sessions court. The trial court had also directed the Immigration Bureau to issue her an exit permit to Ling so she could return to China, where her family and two daughters reside.
The Customs Department did not issue exit permit stating that they are in the process of filing an appeal against her acquittal. Ling then approached the HC.
The high court rapped the Customs department obsrving that it should have exhibited some “humanitarian approach and sensitivity in light of the fact that every foreign national has fundamental right of liberty as per Article 21 of the Constitution”. It said that the conduct of the Customs department was “not only wrongful and vindictive but it amounts to gross abuse of its powers in restricting the petitioner to leave for her country without any justification”.
“The way and manner in which a foreign national is being treated by the respondent No.2 (Customs department) would reflect in the bilateral relations between two countries. This is nothing but victimising the petitioner without any reason,” Justice Prithviraj Chavan.
The judge noted that Article 21 (personal liberty) of the Constitution of India was wide enough to cover not only citizens of this country but also foreigners who come to this country. “Our Constitution commands that foreign nationals coming here shall not be discriminated against. They will have to be treated equally before the law and their right to live will have to be honoured and protected,” the HC added.
Ling arrived in India in December 2019. Her flight was to land in Delhi, but due to bad weather was diverted to Mumbai. As her flight was after a long gap, she decided to clear Mumbai immigration and take another domestic flight to Delhi. She was stopped at the immigration and her luggage was searched. Officials seized ten yellow metal bars of foreign marking weighing 1 kg each purported to be gold in her baggage. It was valued at Rs3,38,83,200.
She was granted bail in February 2020 and was acquitted in October 2023. The sessions court upheld her acquittal.
