According to sources, Wardak was not arrested because she has diplomatic immunity. According to the law, if the value of smuggled gold exceeds Rs 1 crore, the suspect is arrested and subjected to criminal prosecution. Sources mentioned that Wardak possessed a diplomatic passport issued by the Islamic Republic of Afghanistan.
Responding to a query sent by TOI, Wardak said: “I was surprised and concerned by the accusations and need to look into this matter further. I believe you’re aware of the recent personal challenges I’ve faced while working to support the consulate and embassy. Currently, I am away from Mumbai seeking medical assistance.””
Officials said this may be the first instance in the city in recent times where a senior diplomat from a foreign country has been apprehended at an airport in a smuggling case. Sources mentioned that the DRI had received precise information about Wardak and stationed approximately twelve personnel at the airport.
Wardak, who is 58 years old, traveled to Mumbai from Dubai with her son on an Emirates flight at approximately 5.45 pm. They both utilized the green channel, signifying that they did not have any items requiring declaration to customs. As they were heading towards the airport exit, the DRI officials intercepted them.
The two passengers were transporting five trolley bags, one hand bag, one sling bag, and a neck pillow. However, their luggage did not have any tags or marks, which indicated their diplomatic status. According to sources, the DRI officials inquired if the passengers were carrying any dutiable goods or gold, to which they responded in the negative. Their bags underwent examination and were cleared. The discovery of the gold only occurred after Wardak was escorted to a separate room for a physical pat-down inspection by a female officer. The gold bars were hidden in her customised jacket, leggings, knee caps, and waist belt. The DRI officials found 25 yellow-colored metal bars, each weighing a kilogram, concealed in Wardak’s customised clothing. No contraband was discovered on her son.Sources mentioned that a valuer approved by the government was summoned to authenticate the purity of the bars. The valuer appointed by the government provided a certificate stating that the bars were 24 carat gold, each weighing one kg. The total value of the bars was Rs 18.6 crore. Officials inquired from Wardak whether she had any documents to prove legal ownership of the foreign gold, but she was unable to provide any. The gold bars and jackets were sealed, and a panchnama was conducted before Wardak was permitted to depart.
Wardak was appointed as the consul general of Afghanistan in Mumbai during the previous government of President Ashraf Ghani. The government of President Ashraf Ghani was overthrown by the Taliban in August 2021. Even though the Taliban regime is not officially recognized by India, the former Afghan diplomatic corps still carry out their missions in Mumbai and Hyderabad, offering consular, educational, and commercial support to Afghan nationals. The Afghan embassy in Delhi was closed, however, India has reopened its embassy in Kabul and sent humanitarian aid to the conflict-affected nation. Formally, the Indian government maintains collaboration with diplomats appointed by the former Afghan government.
