The Customs Department has come under scrutiny for its routine practice of making international travellers sign pre-drafted “Show Cause Notice (SCN) Waiver” formats during baggage clearances. Such blanket waivers, often signed without fully informing passengers of their rights or implications, lack proper legal backing. This recurring procedural shortcut has led to multiple adverse rulings against the department in various High Courts, with judges criticizing the coercive nature and legal insufficiency of such waivers.
Here is a case digest:
Delhi High Court
The Delhi High Court has quashed the detention of the gold bangles by the customs department on the grounds that no show cause notice (SCN) was issued due to pre-printed waiver that was obtained from the Petitioner.
The bench of Justice Prathiba M. Singh and Justice Rajneesh Kumar Gupta has observed that since no show cause notice has been issued to the Petitioner due to a pre-printed waiver, the detention is set aside. The detained articles would be liable to be released to the Petitioner. The detained articles shall be released to the Petitioner, subject to payment of Custom Duty without any penalty or fine. The warehouse charges were also waived off.
The Delhi High Court has strongly criticized the Customs Department at Indira Gandhi International (IGI) Airport for its repeated practice of coercing tourists into signing standard-format undertakings waiving their right to a show cause notice and personal hearing.
The Delhi High Court had released NRI’s Rolex wrist watch seized by the customs department and held that oral waiver of show cause notice and personal hearing in a standard form is not lawful.
Printed Waiver Of SCN Can’t Be Considered To Be An Oral SCN: Delhi High Court
The Delhi High Court has directed the release of goods detained without show cause notice (SCN) on the grounds that printed waiver of SCN cannot be considered to be an oral SCN but directed that the storage charges will be borne by traveller.
The Delhi High Court has directed the customs dept. to discontinue practice of making tourists sign undertaking in standard form waiving show cause notice and personal hearing is contrary to the provisions of Section 124 of the Customs Act.
