The Delhi High Court has imposed the cost of Rs. 25,000 on the customs department for seizing woman’s personal gold jewellery in an insensitive manner.
The bench of Justice Prathiba M. Singh and Justice Rajneesh Kumar Gupta observed that the gold jewellery was not liable to be seized, as the same are personal effects of the Petitioner. Accordingly, the gold jewellery shall be released by the Customs Department within two working days without payment of any storage charges.
The bench observed that the detention of the Petitioner’s gold jewellery at the behest of the Customs Department was completely unjustified. The gold jewellery belonged to the Petitioner and her family, which the Petitioner and her family appears to have worn while travelling to Bangkok. Detention of the same in a completely insensitive manner was not permissible.
The Petitioner, Pooja Seth along with her husband and two children, travelled to Bangkok, Thailand to attend a marriage function scheduled on 17th and 18th January, 2025. They returned to India by flight. Upon their arrival at the Indira Gandhi International Airport, New Delhi (IGI Airport), they were intercepted by the concerned officials of the Customs Department and all the gold jewellery, weighing 190 grams in total were seized by the Customs Department.
The petitioner contended that the gold jewellery was her personal effects for the last several years. The four stone studded gold bangles were gifted to the Petitioner by her grandmother whose Will was executed. The old photographs and the copy of the Will of the grandmother are placed on record by the Petitioner.
The petitioner submitted that the Petitioner and her son were also ill-treated at the IGI Airport and that the experience of landing at the airport was made completely traumatic by the Customs Department.
The petitioner also pointed out that a statement under Section 108 of the Customs Act, 1962 was also made to be signed by the Petitioner under duress and coercion by the Customs Officials.
The court gave the liberty to the petitioner to file an affidavit, if she so wishes in respect of the ill treatment that has been meted out to her and her family at the IGI Airport.
The court while listing the matter on 15th April, 2025 ordered that costs of Rs. 25,000 is also imposed upon the Respondent – Customs Department to be paid to the Petitioner within one week.
Now the question here arises is that why are the persons choosing judiciary over departmental proceedings?
Case Details
Case Title: Pooja Seth Versus Customs commissioner
Case No.: W.P.(C) 4020/2025
Date: 01/04/2025
Counsel For Petitioner: Mr. Ravi Rathore, Ms. Richa Kumari, Mr. Maroof Khan and Mr. Pawan, Advocates
Counsel For Respondent: Ms. Anushree Narain, SSC with Mr. Ankit Kumar, Advocate
Read More: Last Date To File Rectification To Claim ITC Approaching
