The Delhi High Court has directed the release of the bangles of a female returning from Saudi Arabia after offering Umrah which was detained by the Customs Department but has imposed the penalty of Rs. 70,000 and 50% of the warehousing charges was imposed on the traveller.
The bench of Justice Prathiba M. Singh and Justice Rajneesh Kumar Gupta has observed that the detained articles being personal effects of the Petitioner, the detention of the same itself would be contrary to law. Accordingly, the detained articles would be liable to be released on this ground itself. The gold items shall be released by the Customs Department to the Petitioner.
The Petitioner was returning to India from Mecca, Saudi Arabia after performing religious pilgrimage (Umrah). She was wearing two gold bangles weighing 115 grams which were detained by the Customs Department and the same were seized. The Petitioner is stated to have visited the Customs Department for release of detained articles on multiple occasions. However, the same has not been released. It is the case of the Petitioner that no show cause notice has been issued in this matter and no personal hearing has been granted.
The court noted that the used jewellery worn by the passenger would fall within the ambit of personal effects in terms of the Rules, which would be exempt from detention by the Customs Department. The detained articles being personal effects of the Petitioner, the detention of the same itself would be contrary to law. Accordingly, the detained articles would be liable to be released on this ground itself. The gold items shall be released by the Customs Department to the Petitioner.
The court also noted that the standard pre-printed waiver of SCN and personal hearing has been made to be signed by the Petitioner.
The court directed that the petitioner may collect the detained goods in person or through an Authorised Representative, in which case, the detained goods shall be released after receiving a proper email from the Petitioner or some form of communication that the Petitioner has no objection to the same being released to the concerned Authorised Representative.
Case Details
Case Title: Vavvo Versus Commissioner Of Customs
Case No.: W.P.(C) 5080/2025
Date: 29th May, 2025
Counsel For Petitioner: Aditya Raj
Counsel For Respondent: Anushree Narian
