The Supreme Court has expressed serious concern over the arbitrary actions of customs officials at international airports, emphasizing that ill-advised detentions and seizures not only tend to bring the reputation of the country to disrepute in the international fora but also breach fundamental human rights.
The bench of Justice Vikram Nath and Justice Sandeep Mehta has observed that there is an imminent need to require the jurisdictional agencies concerned, handling affairs at the international airports, to sensitize their officers in the prevailing laws before taking the drastic step of detention and arrest of an international traveler. Needless to state that any such step should not be taken in haste and must be proceeded by appropriate legal opinion and with a pragmatic approach.
The petitioner, Rocky Abhraham an Indian citizen settled in Italy for over two decades, was travelling from Italy to Kochi via Delhi for his annual vacation and knee surgery when he was apprehended at Delhi Airport on January 16, 2025, for allegedly carrying a deer horn in violation of the Wildlife (Protection) Act, 1972. He was arrested and remained in custody for 14 days before securing bail with restrictive conditions preventing his return to Italy.
Subsequent forensic tests revealed the horn to be that of a reindeer, a species not protected under Indian wildlife law, making the arrest and FIR legally unsustainable. Despite this, delays in court proceedings left the petitioner stranded in India, risking his employment abroad.
The Supreme Court invoked its powers under Articles 136 and 142 of the Constitution to quash the proceedings, terming them a gross abuse of legal process.
The Apex court pointed out a recent incident that took place at the Jaipur International Airport, wherein an octogenarian passenger travelling from Dubai was detained and his pre-owned Rolex watch was arbitrarily seized on the ground that it constituted luxury goods. Ultimately, the watch was found to be lawfully owned.
The bench stated, “such ill-advised actions tend to bring the reputation of the country to disrepute in the international fora in addition to bringing the conduct of the concerned officers in breach of the human rights guarantees.”
The court declared the arrest of the petitioner, FIR and all proceedings sought to be taken thereunder against the petitioner to be unlawful.
Case Details
Case Title: Rocky Abhraham Versus UOI
Case No.: Writ Petition (Criminal) No(S). 331 Of 2025
Date: October 13, 2025
