Delhi HC Orders Release of Gold Seized from Muslim Woman Returning from Mecca

The Delhi High Court recently asked the Customs Department to release gold jewellery seized from a Muslim woman at Indira Gandhi International Airport while she was returning from a religious pilgrimage to Mecca.

In doing so, a division bench of Justices Prathiba M. Singh and Rajneesh Kumar Gupta said,"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 they were of 24-carat gold, unless any other special circumstances exist for such detention."

The High Court made these observations while dealing with a plea filed by Mubina, seeking the release of two gold bangles (117 grams) seized by Customs at IGI Airport.

Mubina had returned to India from Jeddah after performing Umrah. However, she was stopped at the Green Channel at IGI Airport, and her gold bangles were seized by Customs officers. No show cause notice or personal hearing was provided to her. Thereafter, the Customs authorities made her sign a pre-printed waiver.

Before the High Court, Mubina argued that the jewellery was part of her personal effects and was exempt under the Baggage Rules, 2016.

Hearing the arguments, the Court said, "The used jewellery worn by the passenger would fall within the ambit of personal effects in terms of the Rules, which would be exempt from detention by the Customs Department."

The HC also reiterated that Customs authorities cannot rely on pre-printed waivers to bypass the issuance of a show cause notice and personal hearing.

“Accordingly, the said detention is set aside. The detained jewellery shall be released to the Petitioner within a period of two weeks... The Order-in-Appeal and the Order-in-Original are thus set aside,” the Court said while parting with the matter.

For Petitioners: Dr. Ashutosh & Ms. Fatima, Advs.

For Respondents: Mr. Akshay Amritanshu, Sr. Standing Counsel with Ms. Drishti Saraf & Mr. Sarthak Srivastava Advs.

Case Title: MUBINA versus COMMISSIONER OF CUSTOMS