2024 (12) TMI 755

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....avelled from Baku to Delhi on 4th November, 2024 as a tourist by Indigo flight No. 6E1804. It is stated by the Petitioner that she only speaks Azerbaijani language. As per the Petitioner, she was wearing 18 carat gold jewellery consisting of a necklace and a bracelet weighing 0.178 gms which was seized by the Customs officials in the arrival hall of T-3 of the Indira Gandhi International Airport, New Delhi. 4. According to her, she was made to remove the 18-carat gold jewellery worn by her and such jewellery was her personal gold jewellery. It is the case of the Petitioner that such personal jewellery would not qualify for seizure under Rule 3 of the Baggage Rules, 2016 framed under Section 79 of the Customs Act, 1962. It is, therefore, ....

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....ts in case of a foreigner. Rule 5 of Baggage Rules, 2016 would not apply in terms of Proviso to Rule 3 of the said Rules. The operative portion of the said order reads as under: "2. The petitioner who holds a Malaysian passport issued on 02 May 2021 is stated to have arrived at the IGI Airport, New Delhi on 08 December 2022 from a flight which originated in Singapore. He is stated to have been detained for questioning after he had crossed the Green Channel and was moving towards the exit gate. His personal baggage items were thereafter searched. According to the respondent, on a personal search of the petitioner, they recovered a yellow metallic chain and a yellow metallic kada collectively weighing 463 grams. The aforesaid jewellery ite....

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....be allowed duty free. Explanation.-The free allowance of a passenger under this rule shall not be allowed to pool with the free allowance of any other passenger. xxx xxx xxx 5. Jewellery.-A passenger residing abroad for more than one year, on return to India, shall be allowed clearance free of duty in his bona fide baggage of jewellery up to a weight, of twenty grams with a value cap of fifty thousand rupees if brought by a gentleman passenger, or forty grams with a value cap of one lakh rupees if brought by a lady passenger. xxx xxx xxx ANNEXURE-I (See Rules 3, 4 and 6) 1. Fire arms. 2. Cartridges of fire arms exceeding 50. 3. Cigarettes exceeding 100 sticks o....