Detention of Gold Kada of 60 gm: Delhi HC Directs Customs Dept to release Kada Worn by a Sikh Man [Read Order]

The Delhi High Court division bench of Justice Prathiba M. Singh and Justice Rajneesh Kumar Gupta has directed the customs department to release detained Gold Kada of 60 gm  worn by a Sikh man as the Gold Kada is merely a personal effect of the Petitioner.

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Dalvinder Singh Sudan, the petitioner, arrived at Indira Gandhi International Airport while on a tourist trip from Dubai. It was said that the petitioner was wearing a 60-gram, 22-carat gold kada while traveling. According to the petitioner, the kada was utilized as a personal effect. Additionally, it is argued that the petitioner, who is Sikh, wears this kada every day. Photographs have also been added to the record by the petitioner.

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The detention of the gold kada took place and a Show Cause Notice was issued. The SCN also records the fact that the Petitioner did not want the SCN and personal hearing and that the case may be decided on merits.

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A perusal of the photographs and the fact that it is one Kada which is usually worn by persons like the Petitioner who are Sikhs, leaves no doubt in the mind of the Court that the same was a personal effect of the Petitioner. In the cases of Mr Makhinder Chopra vs. Commissioner of Customs, New Delhi, 2025:DHC-1162-DB and Amit Kumar v. The Commissioner of Customs, 2025:DHC:751-DB the  Court has discussed various issues arising in such cases where the goods have been detained from a tourist by the Customs Department, including the issue of personal jewellery being part of personal effects under the Baggage Rules, 2016 and waiver of SCN and personal hearing by way of a preprinted waiver form.

Considering the fact that the gold kada seized is merely a personal effect of the Petitioner, the court held that the detention itself would be contrary to law. Further held that “The Petitioner shall be entitled to release of the gold kada within a period of four weeks from today subject to payment of warehouse charges.”

To Read the full text of the Order CLICK HERE

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