The Delhi High Court has directed the release of Russian National’s gold chain observing that there is a limited applicability of Baggage Rules on foreign tourists.
The bench of Justice Prathiba M. Singh and Justice Dharmesh Sharma has observed that on the ground of limited applicability of the Baggage Rules to the tourist of foreign origin and as jewellery is part of personal effects, the detention of Petitioner’s gold chain would have to be set aside.
The petitioner/assessee arrived on 17th June, 2024 in India at IGI, Airport, New Delhi from Russia. The appellant has been a resident of Russia for the last 17 years. It is submitted that he was wearing a gold chain which is valued at about Rs. 7 lakhs when he came to India and the same was detained by the Department at the airport. It is further submitted that till date no show cause notice has been issued.
The Department handed over a copy of the detention receipt signed by the Petitioner and the undertaking/appraisement report. The undertaking is in a standard format, wherein the Petitioner is stated to have waived the issuance of the show cause notice and personal hearing. The undertaking that the Appellant would pay the custom duty along with fine and penalty.
The Petitioner was wearing a gold chain which has been valued at Rs. 6,52,190/- by the Department. Till date, no show cause notice has been issued on the ground that the issuance of the show cause notice has already been waived.
The issue raised was in respect of detention of jewellery or personal effects of a tourist, especially those of foreign origin, under the Baggage Rules, 2016
The court held that the gold chain of the Petitioner shall be released to the Petitioner subject to payment of any charges within four weeks.
The court directed that the petitioner shall personally collect the said goods or through an authorised person. Prior to the release, the Customs official shall either speak to the Petitioner through mobile phone or video conferencing before releasing the goods.
Case Details
Case Title: Mr Makhinder Chopra Versus Commissioner Of Customs New Delhi
Case No.: W.P.(C) 2049/2025
Date: 19/02/2025
Counsel For Appellant: D S Chadha
Counsel For Respondent: Satish Aggarwala
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