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.
The Petitioner/assessee was travelling from the United Arab Emirates (‘UAE’) to India to participate in a marriage ceremony in Kerala. The Petitioner arrived at the Indira Gandhi International Airport on 9th April, 2024. However, as soon as the Petitioner reached the airport, he was intercepted and the Petitioner’s jewellery i.e. a gold chain weighing 28 grams was seized by the concerned Custom officials.
The jewellery has been worn by him for his personal use and the same was confiscated by the Custom authorities while he was crossing the green channel.
The Petitioner submitted a statement to the concerned Custom officials and thereafter sent a letter providing details of the detained jewellery items as also highlighting that the Petitioner is an eligible passenger under the Baggage Rules, 2016. However, the adjudicating authority passed the order by seizing the jewellery of the Petitioner.
The order held that the passenger is an eligible passenger in terms of the Notification No. 50/2017-Customs dated 30th June, 2017 (as amended) read with Baggage Rules, 2016 (as amended). The Petitioner is permitted to redeem the gold chain by paying a fine of Rs. 25,000 and incurring an additional penalty of Rs. 18,000. In addition, Rs. 250/- per day is being sought as warehousing charges for the gold.
The court held that if the gold items seized are personal jewellery, the same would not be liable to be confiscated.
The court held that the order passed by the adjudicating authority is quashed. No penalty or redemption fine shall be collected from the Petitioner. No warehousing charges shall also be liable to be collected from the Petitioner. The charges, if any, already deposited shall be refunded to the Petitioner.
The court directed that the gold item of the Petitioner seized by the Custom officials, may be released within two weeks to the Petitioner, or any authorised representative after verifying their identity.
Case Details
Case Title: Amal Krishna Versus UOI
Case No.: W.P.(C) 2957/2025, CM APPL. 14010/2025 & CM APPL. 14011/2025
Date: 10th March, 2025
Counsel For Petitioner: Kavitha KT
Counsel For Respondent: Anushree Narain
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