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.
The petitioners, Swati Vijay Salunke and Vijay Laxman Salunke challenged the seizure of goods detained by the Customs Department of the Petitioners vide detention receipt.
The Petitioners are a husband and wife who had gone to visit their daughter and son-in-law in Ohio, United States of America (USA). The purpose of their visit to the US was to celebrate the 50th birthday of their son-in-law.
When the Petitioners landed at the Indira Gandhi International Airport, New Delhi the personal jewellery of Petitioner, containing of one gold kangan, four gold rings, one gold necklace along with also personal jewellery of Petitioner containing of one gold chain with pendant, one gold kada and three gold rings were seized by the customs officers. The detention receipt was issued on 29th July, 2024. The total weight of the products seized was 318 grams and 597 grams.
The Petitioners have placed on record various invoices, showing the purchase of the said gold items, in India itself. The photographs of the couple wearing the said gold jewellery in the USA are also on record.
The Court has perused the documents placed. Clearly, 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.
The court held that there can be no justification for detaining the goods. It was directed to be released within four weeks to the Petitioners in person or through an authorized representative subject to verification.
Case Details
Case Title: Swati Vijay Salunke & Anr. Versus Commissioner Of Customs
Case No.: W.P.(C) 3520/2025 & CM APPL. 16496/2025
Date: 21st March, 2025
Counsel For Petitioner: Ravi Rathore
Counsel For Respondent: Harpreet Singh, Senior Standing Counsel
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