After Delhi High Court rebuke, customs implements measures to prevent unlawful detention of air travellers’ personal jewellery.
The Customs Department after taking into consideration various orders which have been passed by this Court, some changes are being affected on the following aspects:-
Detention Receipts
Firstly, in detention receipts, henceforth, the Court is informed that the following particulars shall also be obtained at the time of issuing the detention receipts so that communication with the concerned passenger becomes easy for the Customs Department. The said details are as under:-
a) Details of the passenger.
b) Phone number.
c) Whatsapp number.
d) Email address.
e) Complete residential address.
Secondly, in addition, the detention receipt would also have the number of items seized and the net weight of the said items.
Thirdly, in the detention receipt, the time and date of detaining the goods shall be mentioned.
Fourthly, the names and signatures of the passenger shall be obtained on the detention receipt.
Fifthly, the names and signatures of the concerned official from the
Customs Department shall also be clearly mentioned with the
designation on the detention receipt.
Lastly, he mechanism is also being put in place to take images of the items which are seized and if the passenger requests for the same, a copy thereof will also be furnished.
Oral SCN, waiver of SCN and personal hearing
Insofar as oral SCN and waiver of SCN and personal hearing are concerned, the department submitted that under Section 124 of the Act, oral SCN is permissible. However, it is submitted that the preprinted form for waiver of SCN and personal hearing have been done away with by the Customs Department.
Henceforth, the passengers shall be duly informed about the applicable provisions in respect of issuance of an oral SCN and the procedure thereto.
In any event, even if notice is waived, notice of personal hearing would be given to the concerned passenger through Whatsapp, email id as also through the authorized signatory.
This would ensure that the passenger’s right to a personal hearing cannot be waived off, as is clear from a reading of Section 124 of the Act and the decisions passed by this Court.
Accordingly, notice of personal hearing would be given to the passenger so that submissions can be made on behalf of the passenger prior to passing of the adjudicating order. 16. In view of the above, let the Department look into the applicable provisions of law and as part of the next status report, place before the Court, the mechanism which the Department wishes to adopt for issuing oral SCN and providing the opportunity of personal hearing in compliance with the law.
Communication of orders to the passengers
In compliance with the above directions, once the adjudicating order is passed, the same shall be communicated on the email address of the passenger and on Whatsapp number, with a clear note that the passenger is free to challenge the same within 90 days (60 days + 30 days). The email address of the concerned Appellate Forum shall also be provided in the adjudicating order communicated to the passenger.
Detention of personal effects qua travellers of foreign origin
Insofar as travellers of foreign origin, whether foreign passport holders or foreign residence permit holders, are concerned, in respect of personal effects including jewellery, so long as the same are declared in the ‘Red Channel’ and the said travellers undertake to re-export the same, the said personal effects shall not be detained.
Directions
Since the CBIC and Customs Department is now seeking further time to amend the Baggage Rules and to place the same before this Court, a sensitisation initiative shall be carried out by the Customs Department to all Customs officials. The Customs officials shall ensure that old jewellery of even Indian travellers, personal jewellery which is being worn by the travellers during travel or used jewellery is not unnecessarily detained in a routine manner, so as to ensure that no harassment is caused to travellers coming to India.
The bench of Justice Prathiba M. Singh Judge and Justice Rajneesh Kumar Gupta held that if the Baggage Rules cannot be amended by the next date of hearing, a Standard Operating Procedure (SOP) shall be placed on record by the next date which shall be followed by the Customs Department till the time the Baggage Rules are amended.
“Let the said SOP cover all the issues which have been highlighted by this Court in the present petition as also any other issue which has a material bearing on the matter under consideration,” the bench said.
In addition, the court directed the CBIC, Customs Department and other stakeholders also consider the following:
- (i) The manner in which the statements under Section 108 of the Act are recorded in standard form from all passengers;
- (ii) The procedures for appraisal and for disposal of the items which are detained, also require to be simplified and re-looked.
Case Details
Case Title: Qamar Jahan Versus Union Of India
Case No.: W.P.(C) 198/2025 & CM APPLs. 8813/2025
Date: 27/03/2025
Counsel For Petitioner: Ashish Pandey
Counsel For Respondent: Shubham Tyagi, Sr. Standing Counsel
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