Here are the case laws on seizure of personal jewelry by the Customs Department under Customs Baggage Rules.
Delhi High Court
Delhi High Court Directs Customs to Release Personal Jewellery of Minor From UAE Held At IGI Airport
The Delhi High Court has directed customs to release personal jewellery of minors from UAE held at IGI airport.
The bench Justice Prathiba M. Singh and Justice Rajneesh Kumar Gupta has observed that the gold items of the Petitioner seized by the Custom officials in the present case, may be released within two weeks to the Petitioner or any authorised representative, after verifying their identity.
Customs Wrongfully Seized NRI’s Personal Belongings, NRI Entitled To Baggage Rule Benefits: Delhi High Court
The Delhi High Court has held that the non-resident Indian (NRI) is fully entitled to the benefit provided to an eligible passenger under the Baggage Rules, 2016.
The bench of Justice Prathiba M. Singh and Justice Rajneesh Kumar Gupta has observed that the goods namely the gold chain constitute personal effects of the Petitioner – NRI and could not have been seized in the manner the Customs department have.
Oral Waiver Of Show Cause Notice And Personal Hearing In A Standard Form Is Not Lawful: Delhi High Court Releases NRI’s Rolex Wrist Watch
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.
The bench of Justice Prathiba M. Singh and Justice Dharmesh Sharma has observed that where the Department is relying upon the standard form undertaking signed by the Petitioner waiving the show cause notice and personal hearing. Clearly, the Department had the email address and the mobile number of the Petitioner. Thus, after not receiving a reply to the email dated 20th February, 2024, the Department could have issued a proper show cause notice within the time prescribed as per law. None of this was done. No hearing was also granted.
Woman’s Personal Gold Jewellery Seizure: Delhi High Court Imposes Rs. 25K Cost On Customs Dept. [READ ORDER]
The Delhi High Court has imposed the cost of Rs. 25,000 on the customs department for seizing woman’s personal gold jewellery in an insensitive manner.
The bench of Justice Prathiba M. Singh and Justice Rajneesh Kumar Gupta observed that the gold jewellery was not liable to be seized, as the same are personal effects of the Petitioner. Accordingly, the gold jewellery shall be released by the Customs Department within two working days without payment of any storage charges.
Delhi High Court Directs Customs Release Of ‘Name Engraved’ Gold Kada
Case Title: Sai Kiran Goud Tirupathi Versus Commissioner Of Customs
The Delhi High Court has directed the customs department to release of ‘name engraved’ Gold Kada.
After Delhi High Court Rebuke, Customs Implements Measures to Prevent Unlawful Detention of Air Travellers’ Personal Jewellery
Case Title: Qamar Jahan Versus Union Of India
After Delhi High Court rebuke, customs implements measures to prevent unlawful detention of air travellers’ personal jewellery.
Customs Dept. Not Justified In Detaining Personal Gold Jewellery: Delhi High Court
The Delhi High Court has held that the customs department is not justified in detaining personal gold jewellery.
The bench of Justice Prathiba M. Singh and Justice Rajneesh Kumar Gupta has observed that the Petitioners are Indian citizens who were coming back after attending a social family event in the USA and the jewellery which was owned by them were their personal effects. The detention took place in July 2024 and show cause notice has also not been issued.
Delhi High Court Directs Customs Dept. To Release Silver Coated Gold Chains Of Iranian National, Waives Warehouse Charges
The Delhi High Court has directed the customs dept. to release silver coated gold chains weighing 255.74 grams of Iranian National and has also waived the Warehouse Charges.
The bench of Justice Prathiba M. Singh and Justice Rajneesh Kumar Gupta have observed that the prescribed period of six months for issuance of a Show Cause Notice has already elapsed. No personal hearing was also granted to the Petitioner and as directed in the above order in the previous writ petition, no order-in-original has been served upon the Petitioner till date.
Madras High Court
Customs Officer Forcefully Snatched Mangalsutra From Sri Lankan Citizen: Madras High Court Directs Enquiry Against Customs Officers
The Madras High Court directed the enquiry against the customs officer for seizing the Mangalsutra of Sri Lankan citizen seized without following principles of natural justice.
Kerala High Court
NRI’s Challenge To 998 Grams Gold Confiscation: Kerala High Court Directs To Go For Statutory Appeal
The Kerala High Court has directed the Non-Resident India (NRI) to challenge the confiscation of 998 grams of gold made by the customs department in a statutory appeal.
The bench of Justice Bechu Kurian Thomas has observed that petitioner is a Non-Resident Indian residing in Saudi Arabia, she is alleged to have been intercepted while exiting the airport. 998 gms. of gold, which she was apparently wearing, has been directed to be confiscated. The petitioner must be given an opportunity to avail her statutory remedy of filing an appeal at least.
