Gold Kada Worn by Sikh Man Is Personal Effect: Delhi HC Orders Customs to Release Detained Kada
The Court had also criticized the Customs Department’s practice of using pre-printed waiver forms, calling it contrary to the principles of natural justice and Section 124 of the Customs Act
In a recent ruling, the Delhi High Court has directed Customs authorities to release a gold kada (bracelet) belonging to a Sikh man, ruling that it qualifies as his “personal effect.” The petitioner, Daljeet Singh had approached the Court under Article 226 of the Constitution after Customs detained his 22-carat gold kada, weighing 60 grams, at the Indira Gandhi International Airport,...
In a recent ruling, the Delhi High Court has directed Customs authorities to release a gold kada (bracelet) belonging to a Sikh man, ruling that it qualifies as his “personal effect.”
The petitioner, Daljeet Singh had approached the Court under Article 226 of the Constitution after Customs detained his 22-carat gold kada, weighing 60 grams, at the Indira Gandhi International Airport, New Delhi, when he arrived as a tourist from Dubai on November 29, 2024.
He argued that as a practicing Sikh, the gold kada is a religious and personal item he always wears, and he supported his claim with photographs. Notably, the petitioner had also signed a pre-printed standard form waiving the right to a Show Cause Notice ( SCN ) and personal hearing, asking the Customs to decide the case on its merits.
The Court observed that the photographs, along with the cultural and religious significance of the kada for Sikhs, left no doubt that it was indeed a personal belonging.
Discover How Companies Manage Business Processes to Benefit Society! - Click Here
The bench referred to earlier judgments including Mr Makhinder Chopra vs. Commissioner of Customs and Amit Kumar v. The Commissioner of Customs, where the Delhi High Court stated that bona fide personal jewellery falls under the definition of “personal effects” under the Baggage Rules, 2016. In these precedents, the Court had also criticized the Customs Department’s practice of using pre-printed waiver forms, calling it contrary to the principles of natural justice and Section 124 of the Customs Act.
Considering these points, the bench of Justices Prathiba Singh and Rajneesh Kumar Gupta concluded that detaining petitioner’s gold kada was unlawful. It ordered Customs to release the kada within four weeks, subject to payment of applicable warehouse charges. With this, the petition and all pending applications were disposed of.
To Read the full text of the Order CLICK HERE
Support our journalism by subscribing to Taxscan premium. Follow us on Telegram for quick updates
