Idol Wing has obtained a befitting conviction for Subhash Kapoor and six co-accused in Udayarpalayam PS Cr.No. 65/2008 u/s 457(2), 380(2), 465, 468, 471, 411(2), 414 r/w 120 (B) IPC which involved the commission of offences of burglary and illegal export of 19 antique idols valued above Rs. 94 Crores to the “Art of the Past Gallery”, New York, USA. A few months back the Idol Wing had obtained six convictions in six cases that had come up for trial. The Idol Wing has never before witnessed such a record number of convictions since its establishment. The DGP of the IWCID has announced a befitting reward to ADSP Central zone Balamurugan and his team for expediting the trial despite mounting pressure due to diverse dilatory tactics adopted by Kapoor and co-accused to delay the trial and the attendant breach of assurance given by the Government in extradition proceedings to the German Government. The rewards are planned to be presented to the team after the rains subside this week.

The accused Subash Chandra Kapoor, a US national was arrayed as the first accused in Udayarpalayam PS Cr.No. 65/2008 u/s 457(2), 380(2), 465, 468, 471, 411(2), 414 r/w 120 (B) IPC which involved the commission of offences of burglary and illegal export of 19 antique idols valued above Rs. 94 Crores to the “Art of the Past Gallery”, New York, USA which is again owned by him. He was detained by German Police on 30.10.2011 at German Cologne Airport based on a Red Corner Notice issued by Interpol. He was handed over to IWCID Police, Chennai on 13.07.2012 at German Cologne Airport and extradited to India to face charges in the case in Udayarpalayam P.S Cr.No. 65/2008. He was remanded to Judicial Custody by the Judicial Magistrate, Jayankondam, Ariyalur District on 14.07.2012 and is currently lodged at Central Prison, Trichy.

The accused Subash Chandra Kapoor had illegally sold some of the stolen idols to various museums and private art collectors throughout the world.  Subsequently, he was arrayed as an accused in four other idol theft cases which are pending the concurrence of the Government of Germany to prosecute him in these cases also. The unprosecuted cases are as follows:

a) Vikramangalam PS Cr.No. 133/2008 –

b) Veeravanallur PS Cr.No. 12/1995 –

c) Palvoor PS Cr.No.114/2005 –

d) Virudhachalam PS Cr.No. 603/2013

In the past, the accused Subash Chandra Kapoor filed not less than seven bail applications and Discharge Petitions before the Hon’ble High Court and all were dismissed. Further, he filed various applications before the trial court under one pretext or the other to delay the trial. The case is presently being tried in the Special Court viz., Additional Chief Judicial Magistrate Court, Kumbakonam.

In the case about 56 witnesses were examined, 13 witnesses were dispensed and 5 witnesses expired. Apart from these witnesses, the evidence on the side of the prosecution and defence witnesses was closed on 29.09.2021 and 09.05.2022 respectively. In the meanwhile, two more idols stolen by Kapoor were repatriated to India on 01.06.2022 and the same was received from the ASI New Delhi by the IW CID Police, Chennai recently is now available in the Special Court, Kumbakonam.

Subash Chandra Kapoor had earlier filed a petition before the ACJM Court, Kumbakonam in Crl. MP.No.647/2020 to recall and cross examine 17 prosecution witnesses. This petition was dismissed by the court on 03.12.2020. Against the said dismissal order, the accused A1 Subash Chandra Kapoor filed a petition before the High Court of Madras (Madurai Bench) in Crl.OP.(MD). 13650/2021 dated 10.09.2021 to set aside the above order. The prosecution had filed a Counter affidavit. The matter which was pending before the Hon’ble High Court of Judicature at Madras (Madurai Bench) for a long time was recently heard and the request of Kapoor was dismissed. Following this, the trial commenced in the Special Court viz., Additional Chief Judicial Magistrate Court, Kumbakonam and all the accused in the case were convicted in the Special Court viz., Additional Chief Judicial Magistrate Court, Kumbakonam.

The details of the conviction awarded to the accused are as follows:-

A1. Subash Chandra Kapor

411​-​3 years + Rs.3000/= Fine

414​-​3 years + Rs.3000/= Fine 120(B) -​7 years + Rs.1000/= Fine

A2. Sanjivi Asokan

465​-​2 years + Rs.2000/= Fine

468​-​2 years + Rs.2000/= Fine

471​-​2 years + Rs.2000/= Fine

414​-​1 years + Rs.3000/= Fine 120(B) -​7 years + Rs.1000/= Fine

A3. Marichamy

457(2) -​7 years + Rs.5000/= Fine 380(2) -​3 years + Rs.2000/= Fine 120(B) -​7 years + Rs.1000/= Fine

A4. Packiya Kumar

465​-​2 years + Rs.2000/= Fine

468​-​2 years + Rs.2000/= Fine

471​-​2 years + Rs.2000/= Fine

411​-​3 years + Rs.3000/= Fine

414​-​3 years + Rs.3000/= Fine 120(B) -​7 years + Rs.1000/= Fine

A5. Sri Ram @Ulagu

457(2) -​7 years + Rs.5000/= Fine 380(2) -​3 years + Rs.2000/= Fine 120(B) -​7 years + Rs.1000/= Fine

A6. Parthiban

457(2) -​7 years + Rs.5000/= Fine 380(2) -​3 years + Rs.2000/= Fine 120(B) -​7 years + Rs.1000/= Fine

Total – 7+3 =10 years

Image provided by the author.