HC held that preprinted waiver forms used by Customs Department ...
Preprinted Waiver Forms Cannot Substitute Oral Show Cause Notices Under Section 124 of Customs Act
April 4, 2025
Case Laws Customs HC
HC held that preprinted waiver forms used by Customs Department cannot be considered valid oral show cause notices under Section 124 of the Customs Act. The court directed that passengers must be properly informed about applicable provisions regarding oral SCNs, and personal hearing notices must be provided via WhatsApp, email, and through authorized signatories even if notice is waived. For foreign travelers, personal effects including jewelry declared in the 'Red Channel' with undertaking to re-export should not be detained. The court ordered the Customs Department to conduct sensitization initiatives to prevent unnecessary detention of personal jewelry worn by travelers, and directed the development of a Standard Operating Procedure until the Baggage Rules can be amended to align with current economic realities.
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