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A court in India has ordered the customs department to pay ₹1 million ($12,000) to a Chinese woman who has been stuck in the country since her wrongful arrest in 2019.
Cong Ling, 38, a mother of two, was arrested at Mumbai airport in 2019 on charges of smuggling gold worth $360,000 into India. Despite being acquitted in October 2023, she remained trapped in the country as customs officials refused to issue her a no-objection certificate, contesting the lower court’s decision.
On Friday, the Bombay High Court directed the customs department to issue the certificate, allowing Ms. Cong to obtain an exit permit and leave India within a week. The court criticized the customs department for the “unnecessary victimization and harassment" of Ms. Cong, noting that such actions could harm bilateral relations between India and China.
The court ruled that the compensation amount should be deducted from the salaries of the customs officials responsible. “This is nothing but victimizing the petitioner without any reason," the court stated. It condemned the customs officials' conduct as “wrongful, vindictive, reprehensible” and a “gross abuse of their powers.”
The ruling emphasized that the state has an obligation to protect the liberty of foreigners in India and ensure their freedom is not deprived except through legal procedures. "Notwithstanding the said guarantee under Article 21 of the constitution, in this case, the customs department acted in a most brazen and perfunctory manner."
Ms. Cong recounted that she had flown from Beijing to Delhi on December 12, 2019, but her flight was diverted to Mumbai due to bad weather in the capital. Upon landing, customs officials intercepted her and allegedly found 10 bars of 24-carat gold in her baggage, leading to her immediate arrest on smuggling charges.
After her acquittal by a magistrate court on October 10, 2023, and the subsequent upholding of the decision by a sessions court, the customs department still denied her exit permit application. This forced Ms. Cong to remain in India, separated from her daughters for nearly five years.
The Bombay High Court's ruling brings relief to Ms. Cong, who can now reunite with her family after years of unjust detention.
Source: https://www.indiatoday.in
