Bombay HC Stands Firm: Chinese Woman Freed After Wrongful Gold Smuggling Arrest

The Bombay High Court has ordered authorities to issue an exit permit and compensation to Cong Ling, a Chinese national wrongfully detained on gold smuggling charges. The court emphasized the protection of personal liberty under Article 21 of the Indian Constitution, applicable to both citizens and foreigners.

The Bombay High Court has directed authorities to issue an exit permit to Cong Ling, a Chinese woman acquitted in a gold smuggling case but unable to leave India. The court also ordered the Union government to pay her Rs 10 lakh as compensation for her suffering.

Ling, arrested in 2019 at Mumbai airport with gold worth Rs three crore, was acquitted by a trial court in 2023, a ruling upheld by a sessions court. Despite this, Customs delayed issuing her exit permit, citing plans to appeal her acquittal, prompting her to seek relief from the high court.

Justice Prithviraj Chavan criticized Customs for their lack of humanitarian approach and warned that such actions could harm bilateral relations. The court stressed that Article 21 of the Indian Constitution safeguards the liberty of all individuals, including foreign nationals.