Court rules personal jewellery worn by women cannot be detained without due process
The Delhi High Court has quashed the Customs Department’s seizure of gold bangles worn by a woman returning from pilgrimage/Umrah at Mecca, stating that personal jewellery—especially worn by Indian women—is part of cultural identity and cannot be detained arbitrarily.
The bench of Justice Prathiba M. Singh and Justice Rajneesh Kumar Gupta has observed 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 petitioner Mubina, who arrived at Indira Gandhi International Airport on September 20, 2023, from Jeddah after completing her Umrah pilgrimage. Upon crossing the Green Channel, she was intercepted by Customs officials, and two gold bangles weighing 117 grams, which she was wearing, were confiscated. The jewellery was valued at Rs. 6.94 lakh.
Despite no formal show-cause notice being served or personal hearing granted, the Customs Department passed an Order-in-Original in January 2024, ordering absolute confiscation of the jewellery and imposing a penalty of Rs. 70,000. An appeal slightly modified this, allowing release of the jewellery on redemption fine and duty payment, but retained the penalty.
The Court held the detention unlawful, citing multiple procedural lapses and violation of natural justice principles.
The Court noted that wearing basic jewellery like bangles is a cultural norm for Indian women, especially during religious pilgrimages. The Customs Department relied on a standard pre-printed waiver to claim that show-cause notice (SCN) and hearing were waived, which the Court called “fundamentally violative” of legal rights.
The court noted that it was a violation of Section 124 of Customs Act, the mandatory procedure for issuing SCN and providing a fair hearing before confiscation was not followed.
The Court ordered immediate release of the gold bangles and directed that Customs must discontinue the practice of using standard waivers in such cases. The petitioner is required to collect the jewellery by July 21, 2025, either in person or through an authorised representative, with warehousing charges to be adjusted against any appeal-related deposits.
Case Details
Case Title: Mubina Versus Commissioner Of Customs
Case No.: 8th July, 2025
Date: 08/07/2025
Counsel For Petitioner: Dr. Ashutosh & Ms. Fatima, Advs.
Counsel For Respondent: Akshay Amritanshu, Sr. Standing Counsel
Read More: J&K High Court Directs GST Compliance on Rented Hotel Accommodation by Home Dept.
