2025 (4) TMI 198 - HC - Customs

Detention and subsequent confiscation of the gold kada - illegal seizure of foreign currency (Thai Baht) - HELD THAT - This Court is of the opinion that if a complaint was received in this manner the CCTV footage ought to be preserved immediately as the same is available only for 30 days. Moreover the CCTV footage of the Petitioner at the time of departure could also have been preserved to determine whether the Petitioner was wearing a gold kada or not at the time of departure. Therefore in such cases immediate action ought to be taken when such a complaint is received - Be that as itmay the Revision Petition of the Petitioner shall be decided within one month from today. Petition disposed off.

Summary

ISSUES PRESENTED and CONSIDERED

The Court considered the following core legal issues:

1. Whether the detention and subsequent confiscation of the gold kada by the Customs Department was lawful under the Customs Act, 1962 and relevant notifications.

2. Whether the Petitioner was entitled to any relief regarding the alleged illegal seizure of foreign currency (Thai Baht) by the Customs Department without issuing a detention receipt.

3. The procedural propriety of the Customs Department's actions, including the preservation of evidence such as CCTV footage.

ISSUE-WISE DETAILED ANALYSIS

Issue 1: Detention and Confiscation of Gold Kada

- Relevant Legal Framework and Precedents: The Customs Act, 1962, particularly Sections 111 and 125, and Notification No. 50/2017-Cus read with Baggage Rules, 2016, govern the import of goods by passengers and the conditions under which goods can be confiscated or allowed under a free allowance.

- Court's Interpretation and Reasoning: The Court noted that the gold kada was seized under Section 111 of the Customs Act, 1962, as the Petitioner was deemed an "Ineligible Passenger" under the relevant notification and rules. The Order-in-Original denied any free allowance and ordered confiscation with an option for redemption upon payment of a fine and applicable customs duty.

- Key Evidence and Findings: The Petitioner claimed that the kada was made from gold given by his mother and had been worn since 2019. Photographs were submitted to support this claim. However, the Customs Department's order was based on the passenger's ineligibility for free allowance.

- Application of Law to Facts: The Court did not delve into the merits of the Order-in-Original or the Appellate Authority's dismissal but focused on procedural aspects and the pending Revision Petition.

- Treatment of Competing Arguments: The Petitioner's argument centered on the personal nature of the kada and its continuous possession since 2019, while the Customs Department relied on statutory provisions for confiscation.

- Conclusions: The Court directed that the Revision Petition be decided within one month, indicating an emphasis on procedural fairness and timely resolution.

Issue 2: Seizure of Foreign Currency (Thai Baht)

- Relevant Legal Framework and Precedents: The Customs Act, 1962, and related regulations govern the declaration and seizure of foreign currency.

- Court's Interpretation and Reasoning: The Court noted the Petitioner's grievance regarding the seizure of Thai Baht without a detention receipt and emphasized the need for an inquiry into this matter.

- Key Evidence and Findings: The Petitioner claimed that 122,000 Thai Baht was seized without a detention receipt. A complaint was filed with the Chief Commissioner of Customs.

- Application of Law to Facts: The Court highlighted the importance of procedural adherence, such as issuing detention receipts and preserving evidence like CCTV footage.

- Treatment of Competing Arguments: The Petitioner's claim was based on alleged procedural lapses, while the Customs Department's position was not explicitly detailed in the judgment.

- Conclusions: The Court ordered the Commissioner of Customs to conduct an inquiry into the seizure of Thai Baht and take appropriate legal action if the allegations were substantiated.

Issue 3: Procedural Propriety and Preservation of Evidence

- Relevant Legal Framework and Precedents: The procedural requirements under the Customs Act, 1962, and general principles of administrative law regarding evidence preservation.

- Court's Interpretation and Reasoning: The Court stressed the necessity of preserving CCTV footage immediately upon receiving a complaint, as such footage is only available for a limited period.

- Key Evidence and Findings: The Court observed that the Petitioner's complaint warranted immediate action to preserve evidence, such as CCTV footage, to verify claims regarding the wearing of the gold kada.

- Application of Law to Facts: The Court's directives focused on ensuring procedural compliance and evidence preservation to facilitate fair adjudication of the Petitioner's claims.

- Treatment of Competing Arguments: The judgment did not detail competing arguments on this issue, focusing instead on procedural directives.

- Conclusions: The Court directed the Customs Department to preserve relevant evidence and adhere to procedural requirements in handling such complaints.

SIGNIFICANT HOLDINGS

- The Court emphasized the importance of procedural fairness and timely resolution of disputes, directing that the Petitioner's Revision Petition be decided within one month.

- The Court underscored the need for thorough inquiry and legal action regarding the alleged illegal seizure of foreign currency, highlighting the seriousness of such allegations.

- The judgment reinforced the principle that evidence preservation, such as CCTV footage, is crucial for verifying claims and ensuring justice, particularly in administrative proceedings.

- The Court's directives aimed at ensuring that all procedural formalities are duly observed by the Customs Department, reflecting a commitment to upholding legal standards and protecting individual rights.