'Was Returning From Mecca': Delhi High Court Orders Customs To Release Woman's Gold Jewellery, Says 24 Kt Purity Not Grounds For Seizure
The Delhi High Court has ordered the Customs Department to release the gold jewellery which was seized from a Muslim woman while she was returning from a religious pilgrimage to Mecca.A division bench of Justices Prathiba M. Singh and Rajneesh Kumar Gupta observed that it is normal practice in our country for women to wear basic jewellery and the same cannot be seized by the Customs...
The Delhi High Court has ordered the Customs Department to release the gold jewellery which was seized from a Muslim woman while she was returning from a religious pilgrimage to Mecca.
A division bench of Justices Prathiba M. Singh and Rajneesh Kumar Gupta observed that it is normal practice in our country for women to wear basic jewellery and the same cannot be seized by the Customs Department only on the ground that it is of 24 carat purity.
“The Court has heard the parties and has considered the matter. The Petitioner was on a religious pilgrimage to Mecca and was on her way back when the detained jewellery was seized. It is normal practice and part of our culture, at least in our country, that women wear basic jewellery such as bangles as part of their personal effects. The same could not have been detained by the Customs Department only on the basis that the same were of 24 carat gold, unless any other special circumstances exist for such detention,” the order states.
The woman claimed that two gold bangles weighing 117 grams which she was wearing were seized by the Department on arriving in India.
The High Court reiterated that used jewellery worn by a passenger would fall within the ambit of 'personal effects' in terms of the Baggage Rules 2016, which would be exempt from detention by the Customs Department.
It also noted that no show cause notice had been issued to the Petitioner and the Customs Department was relying on the standard “pre-printed waiver” obtained from her.
“The law is well settled, that the Customs Department cannot rely on pre-printed waiver of show cause notice as the same would be contrary to the requirements of Section 124 of the Act. In light of the above discussion, it is clear that the continued detention or seizure of goods by the Customs Department would be untenable in law, where the show cause notice or the personal hearing have been waived via a pre-printed waiver,” the Court observed and ordered release of Petitioner's belongings.
Appearance: Dr. Ashutosh & Ms. Fatima, Advs. for Petitioner; Mr. Akshay Amritanshu, Sr. Standing Counsel with Ms. Drishti Saraf & Mr. Sarthak Srivastava Advs. for Respondent
Case title: Mubina v. Commissioner of Customs
Case no.: W.P.(C) 9269/2025