Esplanade Court Denies Bail to Turkish Nationals in ₹13 Crore Gold Smuggling Case | Representational Image
Mumbai: The Additional Chief Judicial Magistrate (ACJM) of the Esplanade Court rejected the bail application filed by two Turkish nationals who were arrested on January 25 for allegedly trying to smuggle 16 gold bars worth Rs 13,28,80,000 in a clandestine manner. The accused arrested have been identified as Bekir Ekmen and Sinan Komurcu.
Bail was denied after the investigating agency, the Directorate of Revenue Intelligence (DRI), informed the court that the investigation was still ongoing and that some syndicate members were still at large. The court was convinced by the officials’ argument that the roles of individuals involved in purchasing the smuggled gold and transferring money abroad through illegal hawala channels needed to be ascertained. The court also noted that releasing the accused could hamper the investigation.
According to the prosecution’s case, customs officials arrested both accused individuals when they arrived from Dubai on a flight at around 2:15 p.m. They were intercepted near the exit gate after they had crossed the customs green channel.
During a personal search, 16 gold bars of 24 karats (eight bars from each accused) were found concealed in their socks. The bars were valued at ₹13,28,80,000. The accused were found in possession of a large quantity of gold, which they had attempted to smuggle into India clandestinely without declaring it to the customs authorities.
The accused were unable to produce any purchase invoice related to the 16 gold bars. “The gold bars were seized under reasonable belief by the officers, as they were liable for confiscation,” the prosecution argued while opposing the bail application.
However, in their bail plea, the accused claimed that they had been wrongly apprehended. They argued that the complainant had intercepted and arrested them despite their being respectable members of society with no criminal antecedents. They maintained that they had no involvement in the alleged crime and had been falsely implicated without any evidence.
The accused further contended that the gold bars allegedly smuggled by them had already been declared before UAE Customs in Dubai and that they had submitted relevant documents. They alleged that they were arrested based purely on suspicion, without prima facie evidence, and in violation of the guidelines set in the Arnesh Kumar case.
They also claimed that the prosecution had misused its powers, as there were no reasonable grounds for their arrest or detention. The remand application, they argued, was silent on their involvement, with no specific allegations or attribution of roles against them. The prosecution had also failed to establish mens rea behind the crime.
The accused assured the court that they were willing to comply with any conditions imposed upon them. However, the court rejected the bail application, stating that the investigation in the case was still ongoing.
