Old used Gold Chain is Personal Effect, One New iPhone Permissible to Import: Delhi HC Orders Immediate Release [Read Order]

In a recent ruling, the Delhi High Court held that an old and used gold chain carried by a passenger is a personal effect and not liable to confiscation, and that one new iPhone is permissible to be brought into India. The Court ordered immediate release of both items, finding that confiscation, fine, and penalty were not justified on the facts.

Pawan Sharma, the petitioner, filed a writ petition challenging an Order-in-Original dated 29 January 2025 passed by the Office of the Commissioner of Customs. By the impugned order, the petitioner’s gold chain weighing 43 grams was absolutely confiscated, the iPhone 15 Pro Max was allowed to be redeemed on payment of a fine of Rs. 15,000, and a penalty of Rs. 55,000 was imposed.

The gold chain and the iPhone had been detained at Indira Gandhi International Airport, New Delhi, on 10 January 2024.

During the proceedings, the court directed the Customs Department to produce the seized items. The gold chain and the iPhone were produced before the court in a sealed box. On examination, the court found that the gold chain was clearly old and used, while the iPhone was a new phone but otherwise permissible to be imported.

The petitioner’s counsel argued that the gold chain was a personal effect and could not be confiscated. They also argued that the iPhone was a permissible item and that the fine and penalty imposed were unwarranted.

The Customs Department relied on the impugned order to justify confiscation of the gold chain and the fine and penalty imposed on the petitioner.

The Division Bench comprising Justice Prathiba M. Singh and Justice Shail Jainobserved that the gold chain was an old and used personal item of the petitioner. The court observed that the iPhone, though new, was permissible to be brought into India. The court explained that in these circumstances, confiscation of the gold chain and imposition of fine and penalty could not be sustained.

The court directed the immediate release of the gold chain and the iPhone to the petitioner without any customs duty, penalty, or redemption fine. The court pointed out that the petitioner would be required to pay warehousing charges applicable on the date of detention. The petitioner was directed to appear before the Customs Department on 7 January 2026 for completion of formalities. The writ petition was disposed of in these terms.

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