Amid the heated debates on the unholy nexus between police and gold smuggling racket, it is learnt that some police officers are allegedly protecting gold smugglers, whose actions often put even the underworld to shame. The police and customs seized 298 kilograms of gold valued at close to Rs 200 crore from the Kozhikode airport last year. Of the total seizure, the customs confiscated 270 kilograms, and the police, 28 kilograms.
Shockingly, the latest revelation pointed at the involvement of police in gold smuggling rackets, which include domestic and international smugglers, carriers, and 'pottikkal' gangs (involved in robbing carriers). The sector also has many a tale of betrayal and vengeance to narrate.All the allegations against the police need not be true, but it is up to the Home Department to clear the force of the taint.
Helpdesk to counter 'pottikkal' gangs
The Malayalam word 'pottikkal' means 'to break' or 'to bust'. Gangs specialised in 'pottikkal' bust the plan of smugglers by robbing the carriers of the gold they smuggle into the country. The police have a special mechanism in Kozhikode to counter gold smuggling since the airport there has reported the maximum number of cases of smuggling in the state. The mechanism, under the name Helpdesk, was set up when S Sujith Das was the police superintendent of Malappuram (The Kozhikode International Airport is located at Karippur in Malappuram's Kondotty taluk).
Incidentally, there was a specific reason to set up the 'helpdesk'. It was a major gold busting incident by a 'pottikkal' gang which put even CPM party villages in Kannur under suspicion.
Five persons were killed in a jeep-lorry smash near the bypass junction at Ramanattukara in Kozhikode on June 21, 2021. The probe led investigators to the biggest robbery of smuggled gold at the Kozhikode airport. Further investigation took the police to Arjun Ayanki, a former DYFI office-bearer, and 64 others.
The 'helpdesk' was started under the presumption that the gold smuggling through the Kozhikode airport was leading to gang wars. The accident at Ramanattukara was pointed to such a gang rivalry. Incidentally, even after three years of the incident, the police have not yet filed a chargesheet in the case.
The police do not have the authority to investigate international smuggling cases. According to the Customs Act, the customs and Directorate of Revenue Intelligence are the agencies authorised to probe such cases. The intervention of the police often affect effective investigation, besides encroaching on the authority of the customs.
What happens to gold seized by police?
Though several cases of gold smuggling were registered by Sujith Das's team, none of them have reached the trial stage. Legal circles pointed out glaring failures in following the procedures, which might help all the accused people to go scot-free. Additionally, the authorities might be forced to hand back the gold to the accused upon completion of the legal procedures. This would cause the country to lose a significant share of its revenue. To make matters worse, the police will be answerable if any of the accused persons file a defamation suit.
There are several loopholes in gold smuggling-related cases filed by the police. Earlier, the accused were booked for theft, and the arrested were granted station bail irrespective of the quantity of gold seized. If arrested by the customs, the nature and investigation would change. The accused would be remanded in custody if the value of the seized property is over Rs 1 crore.
After the Bharatiya Nyaya Sanhita (BNS) came into force, smuggling would come under organised crime (Section 111). However, even BNS has loopholes. The high court granted bail to the accused in the first case registered in Kozhikode under the BNS. The bail was granted since the police failed to prove that the accused had repeatedly committed the crime for a particular group.
The police do not present capsules containing gold to court. Instead, gold is separated from the capsules before they are presented as evidence. However, altering the seized property leads to the destruction of evidence, helping the accused. Seizing gold outside the airport, too, helps the accused, legal experts opined.
The customs have a secret service fund to heftily reward those who provide credible information leading to the busting of smuggling. However, the police do not have such a separate fund. It gives rise to the question of what prompts one to tip off the police.
Rs 4,000 to Rs 5,000 is required in a case to separate gold concealed in capsules. Since cracking down on smuggling is the customs' responsibility, they have funds to spend on separating gold. However, there is no clarity on the fund that police use for the purpose since it does not fall under their jurisdiction. When the case reaches the court, the prosecution will have to submit the bill for the amount spent on separating gold.
Investigating financial crimes is not the duty of the police. Typically, customs are entrusted with the responsibility of probing such cases. Any failure on the police's part to follow due procedures, the customs will have to collect the evidence, and the police officers concerned should be summoned at each step of the probe. The result is the work will be duplicated.
Profit up to Rs 60 lakh for busting 1 kg of gold, says 'retired' gangster
Talking to Malayala Manorama, a retired gangster of the gold smuggling racket, opened up about busting the smuggled gold.
How is busting (robbing smuggled gold) carried out?
In fact it is not robbery. It is cheating. A carrier bringing gold from a foreign country to India gets Rs 20,000 to Rs 30,000 for each kilogram. If they are offered Rs 50,000 to Rs 1 lakh, they would be willing to be 'busted'. They will exit the airport in a dress that we instruct, bypassing the agent's instruction on the dress code.
How do you woo the carrier?
It is the other way round. It is the carrier who approaches us. After one or two missions, the carriers would feel that they are underpaid, and they will be willing to cheat the agent. Once they are in this field, they will have information and contact details of the smugglers and 'pottikkal' gangs. They just need to strike a deal.
What was your profit when you were active?
When I left the field, a kilogram of gold block used to fetch Rs 45 lakh. Now it is more than Rs 73 lakh. Earlier, the profit was Rs 3 to Rs 5 lakh if we could bring in a kilogram of gold. It would have increased proportionately. Those robbing the carriers make more money. They earn Rs 50 to Rs 60 lakh per kilogram after deducting the money paid to the carrier for betraying the agent, commission to goonda gangs and monthly payment to officials.
Who are officials on the payroll?
Customs, police and airport officials on five different levels are paid monthly to bring gold out of the airport. The gangs that 'rob' carriers pay only the police every month. Some police officers are paid commissions.
When do you pay the commission?
Some officials give us information about gold smuggling. Some provide security to gold 'robbed' from carriers. Once gold 'robbed' from Bengaluru was taken across the state border in a Kerala police vehicle. Some police officers are deeply involved in this business.
What about customs officials?
Only two or three customs officials in each airport help in smuggling gold. The gold is brought during their duty hours. The airport officials and workers' help are needed to safely keep gold in the aerodrome. There would be such three or four officials.
Who are the cooperating officials?
Officials holding certain posts cooperate with the smugglers. Besides police officer, political leaders, too, have close links.
Which gang did you work for?
I was initially part of a Kochi team. When the group became weak, I became a part of a Perumbavoor-based team. The Perumbavoor team initiated the gold reclaiming assignments. It was to recover gold robbed from carriers. We used to demand 30% to 50% of the value of the recovered gold. Half the value was sought for risky assignments.
How is your life now?
My eyesight was affected after I suffered facial injuries in an accident in Mangaluru. I left after the accident.
(Prepared by Jijo John Puthezhath, K Jayaprakash Baby, NPC Ranjith, Firoz Ali, KP Safeena, Nasseb Karattil)
