Smuggled Gold Confiscation Challenged in High Court Over Lack of Local Refining Infrastructure
A Sri Lankan national serving a one-year prison sentence for smuggling two kilograms of gold into the Maldives has requested the High Court to overturn his conviction and order the state to return the confiscated precious metal within seven days.
The legal challenge stems from an incident in 2023, when the appellant, Mohamed Sulaimhan, was intercepted transiting through the Maldives from Dubai to Sri Lanka. Following his arrest, the state charged him with smuggling goods into the country. In October last year, the lower court sentenced Sulaimhan to one year in prison and ordered the permanent forfeiture of the seized gold to the state.
During the appeal hearing, which commenced with the presence of legal counsel and a language interpreter, the defense team presented five core arguments challenging the lower court's judgment. Chief among the points raised was that the lower court erred in formally classifying the seized substance as gold when the Maldives completely lacks the technical infrastructure required to refine and verify gold bullion locally.
Additionally, the defense argued that the state presented a charge lacking fundamental legal elements, failed to maintain a verifiable chain of custody for the seized items, and wrongfully asserted that the defendant had a prior criminal record. The appeal further highlighted discriminatory treatment, asserting that Sulaimhan, who is married to a Maldivian citizen, was subjected to unequal enforcement compared to individuals involved in similar cases.
Sulaimhan's defense requested the High Court to annul his conviction, release him from custody, and issue an order directing the government to return the two kilograms of gold within seven days. The High Court bench concluded the preliminary hearing after hearing the grounds of appeal and announced that subsequent sessions will be scheduled to proceed with the case.
