CCTV Footage Must Be Preserved Immediately after Seizure Complaints at Airport: Delhi HC in 250g Gold Kada Case [Read Order]
Delhi HC ruled that CCTV footage must be preserved immediately on airport seizure complaints and directed the Commissioner to inquire into the alleged illegal seizure of Thai Baht
Delhi HC in 250g Gold Kada Case
Delhi HC in 250g Gold Kada Case
In a recent ruling, the Delhi High Court held that CCTV footage must be preserved immediately when a seizure complaint is made at the airport because such footage is available only for 30 days.
Ramdiya Verma, the petitioner, filed a writ petition under Article 226 of the Constitution of India seeking release of his gold kada that had been detained by Customs officials at the Indira GandhiInternational Airport, New Delhi.
The kada weighed 250.04 grams with a purity of 995 and was valued at about Rs. 14 lakh. Customs authorities passed an order on 14 June 2023 confiscating the kada, declaring the petitioner an ineligible passenger under the Baggage Rules, and imposing a redemption fine of Rs. 2,10,000 along with a penalty of Rs. 1,50,000. His appeal was dismissed, and although he filed a revision petition, it was not heard.
The petitioner’s counsel argued that the kada was his personal ornament made in 2019 from gold given by his mother and that he had been wearing it since then, producing photographs to support his claim. They argued that 1,22,000 Thai Baht carried by him was seized at the airport without any detention receipt and he had immediately complained to the Chief Commissioner of Customs on 29 May 2023.
The bench comprising Justice Prathiba M. Singh and Justice Rajneesh Kumar Gupta observed that in such cases immediate action should be taken, as CCTV footage is available only for 30 days. Footage from both departure and arrival could have shown whether the petitioner was wearing the kada at the time of travel.
The court explained that timely preservation of CCTV records is essential to protect the rights of passengers raising complaints of illegal seizure.
The court directed that the petitioner’s pending revision petition be decided within one month and further directed the Commissioner of Customs to conduct an enquiry into the alleged illegal seizure of Thai Baht and take necessary action in accordance with law. The writ petition was disposed of in these terms.
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