The Delhi High Court on Tuesday imposed costs of Rs 25,000 on the Customs Department after a woman moved court demanding that her personal jewellery that was seized at Delhi airport in January while she was returning from a trip to Bangkok be returned to her.
The court directed that the cost be paid to the petitioner Pooja Seth, and also suggested that disciplinary action be taken against the officials who reportedly coerced her into signing a statement.
“In this case, the court is convinced that the detention of the petitioner’s gold jewellery at the behest of the Customs Department was completely unjustified,” the bench of Justices Prathiba Singh and Rajneesh Kumar Gupta ruled.
Seth had moved the Delhi High Court seeking the release of her personal jewellery consisting of four stone-studded gold bangles weighing 78 grams, a gold bangle weighing 45 grams, and a gold chain with a gold pendant weighing 67 grams, which were detained by the Commissioner of Customs on January 20.
Seth, along with her husband and two children, had visited Bangkok in Thailand on January 16 to attend a wedding function and returned to India on January 20. However, after landing at Indira Gandhi International Airport, Seth and her family were allegedly intercepted by the Customs Department officials. All the gold jewellery, weighing 190 grams in total, was allegedly seized by the Customs Department. Seth also alleged that she and her son were “ill-treated” at the airport and that “the experience of landing at the airport was made completely traumatic by the Customs Department”.
With Seth explaining that the seized jewellery was gifted to her by her grandmother whose will was executed on December 21, 2018 – she included old photographs and a copy of the will – the bench ruled, “The court is convinced that the gold jewellery was not liable to be seized, as the same are personal effects of the petitioner. Accordingly, the gold jewellery shall be released by the Customs Department within two working days without payment of any storage charges…The gold jewellery belonged to the petitioner and her family, which the petitioner and her family appears to have worn while travelling to Bangkok. Detention of the same in a completely insensitive manner was not permissible.”
Additionally, referring to a statement signed by Seth allegedly upon the insistence of Customs Department officials, where Seth reportedly agreed to pay the fine and penalty and waived off her right to show cause notice or personal hearing, the court also recorded, “It is quite clear from the reading of the said statement that various admissions have been signed by the travellers and tourists. The same clearly appears to be signed under some duress. Disciplinary action would be liable to be taken against the concerned Customs official who recorded the statement of the petitioner under Section 108 of the Customs Act, 1962, in such a manner.”
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The court also noted that Seth is “free to file an affidavit, if she so wishes in respect of the ill treatment that has been meted out to her and her family at the IGI Airport” while posting the matter next for consideration on April 15.
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