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Delhi High Court Directs CBIC to Reconsider Baggage Rules on Jewellery Seizure Amid Concerns Over Arbitrary Confiscation, Emphasizing Need for Clarity, Fair Treatment, and Avoidance of Harassment of Genuine Travellers

Delhi High Court Directs CBIC to Reconsider Baggage Rules on Jewellery Seizure Amid Concerns Over Arbitrary Confiscation, Emphasizing Need for Clarity, Fair Treatment, and Avoidance of Harassment of Genuine Travellers

Delhi High Court Directs CBIC to Reconsider Baggage Rules on Jewellery Seizure Amid Concerns Over Arbitrary Confiscation, Emphasizing Need for Clarity, Fair Treatment, and Avoidance of Harassment of Genuine Travellers

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Court’s Decision

The Delhi High Court, while hearing a writ petition, directed the Chairman of the Central Board of Indirect Taxes & Customs (CBIC) to reconsider the Baggage Rules, 2016, particularly regarding the seizure of jewellery worn by travellers at Indian airports.

The court emphasized that while curbing gold smuggling is important, it should not lead to the undue harassment of genuine passengers, including Overseas Citizen of India (OCI) cardholders and Persons of Indian Origin (PIOs), who frequently travel to India for social events like weddings and family functions.

The court ordered the CBIC to undertake a comprehensive review of the rules and submit a report detailing the reconsideration process before the next hearing on March 27, 2025. It also directed the Customs Department to ensure that its policies do not inconvenience genuine travellers while effectively preventing gold smuggling.

The court also issued a notice to the Union of India and the Customs Department to file their replies within four weeks. The matter has been scheduled as a part-heard case, meaning it will continue to be heard in future proceedings.


Facts of the Case

On January 9, 2025, the court had directed that a competent Customs official familiar with the relevant circulars on seizure of personal effects and jewellery be present at the next hearing.


Issues

  1. Whether jewellery worn by passengers should be considered “personal effects” under the Baggage Rules, 2016.
  2. Whether the Customs Department has been arbitrarily seizing jewellery from travellers without clear guidelines.
  3. Whether the value limits imposed under the Baggage Rules (₹50,000 for men and ₹1,00,000 for women) are outdated given the current market price of gold.
  4. Whether passengers carrying gold above the prescribed limits should be required to declare it and provide an undertaking for re-exportation.
  5. Whether frequent travellers abusing duty exemptions should be distinguished from genuine passengers carrying jewellery for social events.

Petitioner’s Arguments


Respondent’s Arguments


Analysis of the Law

Customs Act, 1962

Baggage Rules, 2016

CBIC’s Guide for Travellers


Precedent Analysis

The court noted several past cases where jewellery worn by passengers was confiscated, leading to unnecessary litigation.

Key observations:

  1. “Even small quantities of jewellery are sometimes seized from passengers walking through the Green Channel.”
  2. The value caps of ₹50,000/₹1,00,000 are not realistic, considering the current gold prices.
  3. The lack of clarity on declaration requirements leads to confusion and potential harassment.

Court’s Reasoning

  1. Need for Clarity on Jewellery Seizure
    • The court queried the Customs officials on applicable rules and circulars regarding seizure of jewellery worn by travellers.
    • It found that jewellery beyond the prescribed limits must be declared, but this is not clearly communicated to passengers.
  2. Balancing Smuggling Prevention with Passenger Rights
    • Gold smuggling must be curbed, but the court stressed that genuine travellers should not face undue hardships.
  3. Outdated Baggage Rules
    • 40 grams of gold today is worth much more than ₹1,00,000, making the prescribed limits unrealistic.
    • A revision of the Baggage Rules is necessary to align with the current gold market value.
  4. Necessity for Policy Review by CBIC
    • The court directed the CBIC to reconsider the Baggage Rules and submit a report by March 27, 2025.
    • The policy must balance preventing smuggling while ensuring fair treatment of genuine passengers.

Conclusion

The Delhi High Court expressed serious concerns over the arbitrary confiscation of jewellery and directed the CBIC to review and reconsider the Baggage Rules, 2016. The CBIC must submit a report on the reconsideration process before the next hearing on March 27, 2025.


Implications

  1. Potential Amendment to Baggage Rules: The CBIC may revise duty-free limits to reflect current gold prices.
  2. Clearer Guidelines on Jewellery Declaration: The Customs Department may introduce transparent protocols to prevent arbitrary seizures.
  3. Impact on Frequent Travellers: Individuals frequently bringing gold into India may face stricter scrutiny.
  4. Legal Precedent for Future Cases: The case may set a precedent for challenging unjustified jewellery confiscations at airports.

The matter will now be heard on March 27, 2025, following the CBIC’s report on the reconsideration of the Baggage Rules.

Also Read – Delhi High Court Declares ‘PETER ENGLAND’ a Well-Known Trademark: Recognizes Extensive Usage, Promotion, and Grants Permanent Injunction to Protect Brand Integrity

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