Delhi High Court Orders Customs Department To Release Arab Minor's Jewellery Which She Wore Since Childhood

The Delhi High Court has ordered the Customs Department to release the personal jewellery of a minor from UAE who had come to India to attend a relative's wedding.A division bench of Justices Prathiba M. Singh and Rajneesh Kumar Gupta passed the direction after perusing a photograph, depicting that she used to wear the said pieces of jewelry since childhood. It observed,“This Court has now pronounced several orders/judgments, following various judgments of the Supreme Court and this Court, wherein it has been held clearly that if the gold items seized are personal jewellery, the same would not be liable to be confiscated.”The Petitioner was aged about 17 years and it is claimed that as soon as she reached the Delhi airport with her family to attend a wedding, her gold chains with pendants which she was carrying in person was detained by the Custom authorities.Thereafter, the adjudicating authority passed the impugned order seizing the jewellery and permitting redemption on payment of penalty and fine. The impugned order also recorded that no show cause notice and personal hearing was sought by the Petitioner.At the outset, the High Court perused the minor's photographs along with the wedding card which “itself show that she is a bona fide passenger who was travelling to India to attend a wedding ceremony.”The Court said that the Petitioner being a non-resident is fully entitled to the benefit provided to an eligible passenger under the Baggage Rules, 2016. “The goods constitute personal effects of the Petitioner and could not have been seized in the manner the Custom authorities have,” it held citing Farida Aliyeva v. Commissioner Of Customs (2024).Court also found that the alleged waiver of show cause notice and personal hearing by the Petitioner was not in accordance with law. In this regard, it cited Amit Kumar v. The Commissioner of Customs (2025) where it was held that signing of a standard form of waiver by the traveller would not be in compliance with the principles of natural justice, inasmuch as, the waiver under Section 124 has to be “conscious” and “informed”.The Court thus set aside the impugned order and directed that the gold items of the Petitioner be released by the Custom officials within two weeks.“No penalty or redemption fine shall be collected from the Petitioner. No warehousing charges shall also be liable to be collected from the Petitioner,” it held.Appearance: Mrs. Kavitha K.T., Mr. Subash Chandran, Mr. Sharat Gopal, Mr. Syam Krishnan K., Mr. Akash Awana, Ms. Minal Pandagare and Ms. Shakki Chaturvedi, Advs for Petitioner; Ms. Anushree Narain, SSC with Mr. Ankit Kumar, Adv for RespondentCase title: Gopika Vennankot Govind v. Union Of India & Ors.Citation: 2025 LiveLaw (Del) 326Case no.: W.P.(C) 2784/2025Click here to read order

Delhi High Court Orders Customs Department To Release Arab Minor's Jewellery Which She Wore Since Childhood

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