2025 (3) TMI 1207 - HC - Customs

Seeking issuance of an appropriate writ setting aside the seizure of goods (personal jewellery) detained by the Customs Department of the Petitioners - HELD THAT - When the Petitioners landed at the Indira Gandhi International Airport New Delhi on 29th July 2024 the personal jewellery of Petitioner No. 1 containing of one gold kangan four gold rings one gold necklace along with also personal jewellery of Petitioner No. 2 containing of one gold chain with pendant one gold kada and three gold rings were seized by the customs officers. The detention receipt was issued on 29th July 2024. The total weight of the products seized was 318 grams and 597 grams. The Court has perused the documents placed. Clearly the Petitioners are Indian citizens who were coming back after attending a social family event in the USA and the jewellery which was owned by them were their personal effects - The detention took place in July 2024 and show cause notice has also not been issued. There can be no justification for detaining the said goods. The same shall accordingly be released within four weeks to the Petitioners in person or through an authorized representative subject to verification - no storage charges shall be collected by the Customs Department. Conclusion - There are no justification for the detention of the goods particularly as no show cause notice had been issued since the seizure. The goods are ordered to be released. Petition disposed off.

Summary

The Delhi High Court, presided by Justices Prathiba M. Singh and Rajneesh Kumar Gupta, addressed a writ petition filed under Article 226 of the Constitution of India by Swati Vijay Salunke and Vijay Laxman Salunke. The petitioners sought the issuance of a writ to set aside the seizure of their personal jewellery by the Customs Department upon their return to India from the USA on 29th July 2024. The seized items included various gold jewellery pieces totaling 318 grams and 597 grams, respectively.The court noted that the petitioners, Indian citizens, had traveled to the USA for a family event and that the jewellery was their personal property, substantiated by invoices and photographs. The court found no justification for the detention of the goods, particularly as no show cause notice had been issued since the seizure. Consequently, the court ordered the release of the jewellery within four weeks, without imposing storage charges, subject to verification. The writ petition and any pending applications were disposed of accordingly.