Worn Rolex Watch Carried by Passenger is ‘Personal Effect’, Cannot be Detained as Import: Delhi HC [Read Order]

In a recent ruling, the Delhi High Court held that a worn Rolex watch carried by a passenger qualifies as a “personal effect” under the Baggage Rules, 2016, and cannot be detained by customs authorities as an import. The court directed release of the watch, observing that its continued detention was not legally sustainable.

Ranvir Sra, the petitioner, filed a writ petition before the Delhi High Court seeking release of his Rolex watch which had been seized by the Customs Department at Indira Gandhi International Airport, New Delhi, on 30 November 2024. The petitioner is a Canadian citizen and an Overseas Citizen of India (OCI) card holder.

The petitioner placed on record photographs of the watch along with the purchase invoice dated 2 October 2023, showing that the watch was purchased in Canada. They argued that the watch was part of his personal effects and had been worn, and that no show cause notice had been issued even months after the detention.

During the proceedings, the court directed the Customs Department to produce the seized watch. The watch was produced before the Court in a sealed box and appeared to be a worn Rolex watch, not a new one. The Customs Department confirmed that the serial number on the watch matched the invoice submitted by the petitioner.

The petitioner’s counsel argued that under the Baggage Rules, 2016, personal effects carried by a passenger are exempt from detention. They argued that the continued detention of the watch without issuing a show cause notice was arbitrary and violated the law.

The Customs Department did not dispute that the watch was worn or that the serial number matched the invoice. However, the watch had continued to remain under detention pending examination.

The Division Bench comprising Justice Prathiba M. Singh and Justice Shail Jain observed that the legal position on this issue is well settled. The court observed that personal jewellery and valuable items worn by passengers are not excluded from the category of personal effects. The court explained that customs authorities are required to distinguish between personal items meant for personal use and goods intended for commercial import.

The court further observed that the Rolex watch in question was clearly a worn personal item and had been purchased well before the petitioner’s travel. In such circumstances, the watch fell squarely within the definition of personal effects under the Baggage Rules, 2016, and its detention could not be justified.

The court set aside the detention of the Rolex watch and directed that it be released to the petitioner. The Court also waived warehousing charges and directed the petitioner to appear before the Customs Department on 24 December 2025 for completion of formalities. The writ petition was disposed of in these terms.

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