The Madras High Court has stayed a single judge’s order that declared a provision of the Baggage Rules ultra vires to the Customs Act regarding jewellery worn on the person. The single judge had also directed disciplinary action against Air Customs officers who seized gold ornaments, including the nuptial thread (thaali) of a Sri Lankan national, at Chennai Airport.
A division bench comprising Justice S S Sundar and Justice C Saravanan passed the interim stay while hearing appeals filed by the Principal Commissioner of Customs, Chennai, challenging the single judge’s order dated January 31, 2025. The bench directed the Customs department to return the seized jewellery after obtaining appropriate security, bond, or personal guarantee from the passengers concerned.
The single judge had earlier ruled the seizure unlawful and instructed the Union government’s Department of Personnel and Training (DoPT) to take action against the seizing officer for alleged excesses.
During the hearing, Additional Solicitor General (ASG) A R L Sundaresan, along with senior standing counsel M Santhanaraman, argued that the single judge overlooked key legal aspects. They contended that under the Baggage Rules, 2016, used personal items do not include gold in any form.
“If this interpretation is accepted, unscrupulous passengers might exploit the law by wearing smuggled gold, thereby undermining efforts to regulate gold imports. Such a view would render the existing legal framework ineffective,” the ASG submitted.
The division bench’s interim order strikes a balance by ensuring the jewellery is returned while securing the government’s interest through necessary guarantees. The case has been adjourned for further hearing, with legal experts closely watching the outcome due to its potential implications for Customs enforcement across Indian airports.
