Delhi HC: If you are bringing personal or old jewellery back from a foreign trip, the Customs Department can no longer seize it without reason.
The Delhi High Court has strongly addressed this issue and instructed Customs officials to ensure that passengers’ old jewellery, including jewellery worn during travel, is not unnecessarily confiscated at airports.
The court’s order came after the Customs Department informed Justices Pratibha M. Singh and Rajnish Kumar Gupta that the Central Board of Indirect Taxes and Customs (CBIC) is holding consultations with stakeholders and needs more time to amend the goods rules. Following this, the bench issued its directive.
The court was hearing over 30 petitions that raised concerns about the Customs Department’s practice of seizing luggage, including items like jewellery, from both Indian citizens and foreign tourists visiting India.
Passengers Shouldn’t Face Any Problems, Court Says
The bench remarked that since the CBIC and Customs Department requested more time to update the rules, they should immediately inform their officers about the current position.
The court also emphasized that old jewellery, personal jewellery, or worn jewellery of Indian travelers should not be seized unnecessarily. This would prevent any inconvenience for passengers arriving in India.
The court further ordered that until the rules are updated, the process of confiscating jewellery should be made more transparent and simpler.
Additionally, Customs officers were instructed to use a standardized format when recording passenger statements.
Court Calls for Simplification of Rules
The petitions revealed that many travelers, including Indian citizens returning from abroad, were being stopped and had their jewellery and other items seized by Customs.
In its March 27 order, the bench stated that the Standard Operating Procedure (SOP) must address all issues raised by the court.
It also pointed out that the processes for valuing and disposing of confiscated goods need to be simplified and reconsidered.