Personal Gold Jewellery Worn at Family Event Abroad Seized at Airport: Delhi HC Orders Immediate Release [Read Order]

In a recent ruling, the Delhi High Court directed the Customs Department to release personal gold jewellery seized from a returning Indian couple, confirming that the items constituted personal belongings and were not liable for continued detention.

Swati Vijay Salunke and Vijay Laxman Salunke, the petitioners, had travelled to the United States in March 2024 to attend a family function. Upon their return to India on 29th July 2024 via Air India, the customs authorities at Indira Gandhi International Airport, New Delhi, detained their personal jewellery through detention receipts numbered 4879 and 4880. The seized items included a gold necklace, bangles, chains, and rings weighing approximately 915 grams in total.

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The petitioners submitted that the jewellery was their personal property, purchased in India prior to the trip. They supported their claim with original invoices and photographs taken during the family event abroad, showing them wearing the jewellery. They argued that the jewellery should be considered personal effects, which are exempt from customs seizure for Indian citizens returning from travel.

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The customs department did not dispute the seizure but failed to issue a show cause notice or initiate further proceedings for over eight months. The petitioners approached the Delhi High Court under Article 226 of the Constitution, seeking the release of the jewellery and quashing of the seizure.

The bench comprising Justice Prathiba M. Singh and Justice Rajneesh Kumar Gupta observed that the items were clearly personal in nature and that there was no justification for their continued detention in the absence of a show cause notice. The court held that Indian citizens returning from abroad cannot be penalised for carrying their own bona fide personal jewellery.

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The court directed the Customs Department to release the seized jewellery within four weeks to the petitioners or their authorised representative, subject to verification. It further clarified that no storage charges shall be levied in this case. The writ petition was allowed, and all pending applications were disposed of.

To Read the full text of the Order CLICK HERE

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