Delhi High Court directs Customs to ensure old jewellery of air travellers are not detained unnecessarily at airports

New Delhi: The Delhi High Court has directed Customs officials to ensure that old and personal jewellery of travellers, including ornaments being worn by them during travel, are not unnecessarily detained at airports and they are not harassed.

A bench of Justices Prathiba M Singh and Rajneesh Kumar Gupta passed the direction after being informed by the Customs that a detailed stakeholder consultation is being carried out by the Central Board of Indirect Taxes and Customs (CBIC) and some more time was needed to amend the Baggage Rules.

The court was hearing a batch of more than 30 petitions raising issues on the procedure for detention of goods belonging to the tourists travelling to India, of both Indian and foreign origin, by the Customs department.

"Since the CBIC and the Customs department are now seeking further time to amend the Baggage Rules and to place the same before this court, a sensitisation initiative shall be carried out by the Customs department for all its officials.

"The Customs officials shall ensure that old jewellery of even Indian travellers, personal jewellery which is being worn by the travellers during travel or used jewellery are not unnecessarily detained in a routine manner, so as to ensure that no harassment is caused to the travellers coming to India," the bench said.

It added that if the Baggage Rules can't be amended by the next date of hearing, a standard operating procedure (SOP) should be placed on record by May 19, which shall be followed by the Customs department till the time the rules are amended.

In the petitions, the court noticed that various travellers, tourists, and Indian citizens coming back from foreign countries were being intercepted and various items which they were wearing, including jewellery, were being detained.

The court considered the Baggage Rules, 2016, and the Indian Customs Declaration form and the Guide for Travellers prepared by the CBIC and observed that the rules were quite outdated and archaic, considering the increase in the price of gold in the last several years.

It noted that the Baggage Rules date back to 2016, i.e., more than nine years old and considering the present market realities, they need a re-look.

The bench, in its March 27 order, said the SOP should cover all the issues, which have been highlighted by the court.

The court said the CBIC, the Customs department, and the other stakeholders should also consider the manner in which the statements were recorded in standard form from all the passengers.

It said the procedures for appraisal and disposal of the detained items were also required to be simplified and re-looked.

The court also asked the concerned authorities to file an affidavit in terms of these directions and place before the draft SOP before it.