2025 (4) TMI 464 - HC - Customs

Seeking issuance of an appropriate writ quashing the Detention Receipt - detention of six gold bangles weighing 149 grams worn by the appellant while travelling - HELD THAT - The Petitioner being a foreign national and the detained goods being her personal effects she would be an eligible passenger in terms of Rule 3 of Baggage Rules 2016. This position has been clarified by the Coordinate bench of this Court in Nathan Narayansamy v. Customs Commissioner 2023 (9) TMI 1549 - DELHI HIGH COURT . Since the Petitioner is an Iranian citizen and is now in Iran let an Authorised Representative appear before the Customs Department. The goods shall be appraised and shall be released for being re-exported. No storage charges shall be liable to be paid in this matter as the Petitioner s bangles which the Petitioner was wearing were her personal effects. Petition disposed off.

Summary

In the case before the Delhi High Court, Petitioner Azmalsadat Mousavi Nodoushan, an Iranian citizen, filed a petition under Article 226 of the Constitution of India, seeking to quash Detention Receipt No. DR/INDEL4/24-02-2024/003862 dated 24th February, 2024. The petition concerned the detention of six gold bangles weighing 149 grams by Customs Department Officers upon her arrival in India on the same date.The Petitioner argued that no show cause notice had been issued and that the goods had not been appraised. During the proceedings, Mr. Anurag Ojha, Sr. Standing Counsel for the Respondents, stated that the Customs Department would appraise the goods and allow re-export if the Petitioner appeared before them.The Court, considering the Petitioner as an eligible passenger under Rule 3 of the Baggage Rules, 2016, referenced the precedent set in Nathan Narayansamy v. Customs Commissioner. It was ordered that an Authorized Representative could appear on behalf of the Petitioner, who is currently in Iran, for the appraisal and release of the goods without any storage charges, as the bangles were deemed personal effects.The Court instructed that the notice for appearance be communicated to the Petitioner's Counsel via the provided contact details. The petition and any pending applications were disposed of accordingly.