The court ruled that possession of gold without evidence of theft or conspiracy does not meet the legal criteria for criminal charges of smuggling or receiving stolen property.

JUDGMENT :

PRANJAL DAS, J.

1. Heard Mr. B.M. Deka, learned counsel appearing for the petitioner assisted by Mr. K. Thakur. Also heard Mr. R.G. Baruah, learned Addl. P.P. appearing for the State respondent.

2. The petitioner Amarnath Ashok Sawant, invoking section 482 of the Criminal Procedure Code 1973, (herein after Cr.P.C), as it existed then, is seeking quashing of the criminal proceeding, being PRC Case No. 624/2024 arising out of GRPS Case No. 200/2023, and which is presently pending before the Court of the learned Special Judicial Magistrate, Kamrup(M), Guwahati.

3. The facts in brief are that on 08.10.2023, one Dhiren Mipum, ASI of Guwahati GRPS, lodged an FIR before the Officer-in-Charge of Guwahati GRPS, stating that during checking in train No. 15626DN Agartala to Deogar Express at about 8.30 a.m., standing on platform No. 4/5, they noticed a person in a suspicious manner, who was traveling in Coach No. B2, Berth No. 15 of the said train. That, on being asked, he disclosed his name as Amarnath Ashok Sawant and revealed that he was carrying 13 pieces of gold biscuits by tying around his waist without any documents.

4. He also stated that he carries gold regularly from Tripura to Maharashtra for smuggling purpose with the help of other members of the racket. Thereafter, he was de-boarded from the train and the said suspected gold were seized along with a cash of Rs. 64,500/- and other articles. That, upon being asked, he failed to produce any documents regarding the gold, nor he could furnish any satisfactory reply regarding the same. Hence, the person was apprehended and brought for further action.

5. It is alleged in the FIR that the said accused person was involved in smuggling of gold and that the seized suspected gold was found to be 1.523 Kgs and it is strongly suspected to be smuggled and illegally transported without paying any taxes and without paying any valid documents to serve their ill motive to gain unlawfully and illegally.

6. As mentioned, the case was registered at GRPS Case No. 200/2023 under section 120(B)/379/411/413 of the Indian Penal Code, 1860 {herein after IPC}.

7. After completion of investigation, the I/O submitted a charge- sheet vide C.S. No. 24/2024 dated 28.02.2024 against the sole accused being the present petitioner under the same penal provisions, i.e., Sections 120(B)/379/411/413 IPC. The corresponding G.R. case was PRC No. 624/2024 and pending before the learned Special Judicial Magistrate, Kamrup (M), Guwahati.

8. The proceedings before the said learned court are under an order of stay vide the order dated 06.05.2025 passed by this Court. The scanned case record of PRC No. 624/2024 was requisitioned and received.

9. Mr. Deka, the learned counsel for the petitioner, submits that the petitioner is not involved in any illegal offences and that the allegations of his being involved in the alleged offences of this case are false. It is submitted that the seized gold has been purchased by the petitioner by paying the required amount of CGST and SGST at 1.5% and that the seized gold is not subject of smuggling purpose.

10. It is contended that the penal provisions given in this case at the time of registration of the case as well as in the charge-sheet are not made out in any manner and therefore, the petitioner is seeking quashing of the criminal proceedings arising out of the same.

11. It is contended and submitted