Alisher Ochilov Vs Commissioner of Customs (Delhi High Court)
In a recent judgment, the Delhi High Court has ruled in favor of Alisher Ochilov, an Uzbekistan national, ordering the release of two gold chains weighing 199 grams that had been detained by the Customs Department since March 2023. The court’s decision was based on two primary legal principles: the definition of “personal effects” and the Customs Department’s failure to adhere to statutory timelines.
The case arose after the Customs Department detained the gold chains from Mr. Ochilov. The petitioner argued that the items were personal jewellery and that he intended to re-export them. Crucially, he submitted that the department had failed to issue a Show Cause Notice (SCN) or pass any order regarding the detention, despite a period of over one year having elapsed since the initial detention. The Customs Department, in its defense, noted that the petitioner had not appeared for a hearing in May 2025.
The High Court considered the facts and the applicable laws. The first point of law examined whether gold jewellery worn by a passenger falls under the category of “personal effects” as defined by the Baggage Rules, 2016. The court noted that this issue had been settled by various judicial precedents.
