Anjali Pandey Vs Union of India And Ors (Delhi High Court)
Delhi High Court held that gold bangles worn by foreigner coming to India being part of personal effects is not required to be declared. Accordingly, seizure of such gold bangles by customs department is unjustifiable in law.
Facts- The Petitioner is a Thai national who had travelled to Delhi from Thailand on 13th March, 2024. Upon her arrival at the Indira Gandhi International Airport, New Delhi, she was intercepted by the Customs officials who enquired as to whether she was carrying any gold. The Petitioner was wearing three gold bangles which she showed to the Customs officials. Thereafter, the Petitioner was asked to take them off and the said bangles were seized. A detention receipt was issued on the same date e., 13th March, 2024.
Notably, after the gold bangles were seized, no show cause notice has been issued to the Petitioner till date. Hence, the present writ petition has been filed seeking return of the said gold bangles.
Conclusion- In Nathan Narayansamy, the Coordinate Bench of this Court has clearly held that the Baggage Rules would not have any application to foreign nationals.
Thus, held that the Petitioner is a foreign national coming from Thailand. She visits India once or twice a year to see her parents and family. The three gold bangles that she may have worn would be a part of her personal effects and there was no requirement for her to declare the same.
