Swati Vijay Salunke & Anr. Vs Commissioner of Customs (Delhi High Court)
Delhi High Court has directed the Customs Department to release the personal jewellery of Swati Vijay Salunke and Vijay Laxman Salunke, a married couple, which was seized upon their return from the United States of America (USA). The couple had traveled to Ohio, USA, on March 23, 2024, to celebrate their son-in-law’s 50th birthday and returned to India on Air India Flight No. AI-126 on July 29, 2024, landing at Indira Gandhi International Airport, New Delhi.
Upon arrival, customs officials seized the personal jewellery worn by both petitioners. This included a gold kangan, four gold rings, and a gold necklace belonging to Swati Vijay Salunke, totaling 318 grams. The personal jewellery of Vijay Laxman Salunke, weighing 597 grams, consisted of a gold chain with a pendant, a gold kada, and three gold rings. The Customs Department issued detention receipts numbered 4879 and 4880, both dated July 29, 2024, for the seized items.
The petitioners presented invoices as evidence of purchasing the said gold jewellery in India. They also submitted photographs showing them wearing the same jewellery while in the USA. The Delhi High Court, after reviewing the documents, noted that the petitioners are Indian citizens returning after a family event in the USA, and the seized jewellery constituted their personal effects. The court further highlighted that despite the detention occurring in July 2024, no show-cause notice had been issued by the Customs Department.
Considering these circumstances, the High Court found no justification for the continued detention of the personal jewellery. It ordered the Customs Department to release the seized goods to the petitioners or their authorized representative within four weeks, subject to verification. The court also directed that no storage charges should be collected by the Customs Department in this case. Consequently, the writ petition filed by Swati Vijay Salunke and Vijay Laxman Salunke was disposed of in these terms, and any pending applications related to the case were also closed.
FULL TEXT OF THE JUDGMENT/ORDER OF DELHI HIGH COURT
