Govind Vennankot Chandrasekharan Vs Assistant Commissioner of Customs (Delhi High Court)
Delhi High Court Orders Release of Personal Gold on Condition of Re-Export, Citing Need to Distinguish ‘Jewellery’ and ‘Personal Jewellery’
New Delhi: The Delhi High Court has directed the Customs Department to release a gold kada and two gold chains seized from an Indian passport holder residing in the UAE, emphasizing the need for customs officials to distinguish between general ‘jewellery’ and ‘personal jewellery’ belonging to a traveler. The court set aside the original order that had confiscated the items and allowed their redemption subject to a fine, ordering their release on the condition that they be re-exported.
The case, Govind Vennankot Chandrasekharan Vs Assistant Commissioner of Customs, came before the High Court under Article 226 of the Constitution of India. The petitioner, an Indian national employed and residing with his family in the UAE, was traveling to India to attend a wedding in Kerala. Upon arrival at the Green Channel, customs officials intercepted him and detained his gold kada (41 grams) and two gold chains (44 grams), totaling 85 grams.
The petitioner contended that these were personal effects, regularly worn by him and intended for use during the wedding. He stated that no show cause notice was issued to him after the detention, and he directly received the Order in Original dated November 7, 2024. This order confiscated the gold items but allowed their redemption upon payment of a fine of Rs. 70,000 and a penalty of Rs. 53,000. The petitioner also claimed he was not granted a personal hearing and that the detained jewellery held sentimental value. The redemption offer was valid for 120 days from the order’s issuance.
