Dalvinder Singh Sudan Vs Commissioner of Customs (Delhi High Court)
Delhi High Court rules seized gold Kada worn by Sikh passenger is a personal effect, setting aside Customs detention citing precedent on baggage rules and invalid waivers.
New Delhi: In a ruling addressing the nature of personal belongings for international travellers, the Delhi High Court has set aside the detention of a gold ‘kada’ seized by Customs authorities from a Sikh passenger arriving at Indira Gandhi International Airport. The court determined that the ‘kada’, a religious and personal symbol commonly worn by Sikhs, constitutes a personal effect and therefore its detention was contrary to law. The judgment reinforced the court’s prior rulings on the distinction between dutiable jewellery and personal items under baggage rules and questioned the practice of obtaining waivers of procedural rights using standard forms.
The petitioner in the case, Mr. Dalvinder Singh Sudan, was travelling as a tourist from Dubai. Upon his arrival in New Delhi on November 29, 2024, Customs officials intercepted him. Mr. Sudan was wearing a gold ‘kada’ made of 22-carat gold and weighing 60 grams. He informed the authorities that the ‘kada’ was a personal effect and held significance for him as a Sikh, stating that he always wears it. He also provided photographs as evidence of this practice.
