The Delhi High Court has ordered the Customs Department to release a 60-gram gold kada that was detained from a Sikh tourist returning from Dubai, ruling that the item qualifies as a personal effect under the Baggage Rules, 2016. The decision was delivered by a division bench of Justice Prathiba M. Singh and Justice Rajneesh Kumar Gupta, who held that the religious and cultural significance of the Kada left “no doubt” that it was not a commercial item but a personal belonging.
The petitioner, Dalvinder Singh Sudan, had arrived at the Indira Gandhi International Airport in Delhi while on a tourist trip. During routine checks, customs officials detained his 22-carat gold Kada, claiming it required declaration and clearance. A Show Cause Notice (SCN) was subsequently issued to the petitioner.
However, the High Court, relying on visual evidence and prior case law, found that the seizure was unwarranted. The court directed that the gold kada be released within four weeks, subject to warehouse charges incurred during detention.
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Sikh Identity and Daily Wear Jewelry Fall Under ‘Personal Effects’
In his plea, the petitioner submitted that as a practicing Sikh, wearing a gold kada is part of his daily religious observance and personal attire. He argued that the kada, weighing 60 grams, was worn regularly and was not intended for sale or commercial gain.
The court examined photographic evidence and emphasized that jewelry items of daily use, particularly those with cultural or religious significance, fall under the category of personal effects as defined in the Baggage Rules. Citing precedents including Makhinder Chopra vs. Commissioner of Customs and Amit Kumar v. The Commissioner of Customs, the bench clarified that personal jewelry worn by travelers cannot be arbitrarily detained by customs officials.
The court also noted that the petitioner had waived the right to personal hearing, requesting a decision on merits. The High Court found the customs action to be contrary to law, considering the specific facts of the case and the nature of the item seized.
Court Flags Misuse of Show Cause Mechanism in Routine Detentions
The division bench expressed concern about the manner in which customs authorities have been handling similar cases, particularly involving tourists and returning expatriates. It questioned the routine issuance of pre-printed waiver forms for show cause notices, often used as a procedural formality rather than a meaningful step toward justice.
The judgment underlines the need for customs officials to exercise discretion with cultural sensitivity, especially in the case of items worn for religious reasons. The High Court emphasized that while the law empowers customs to check smuggling and non-compliance, it should not overreach into personal freedoms or violate constitutional rights. The order is seen as a relief for Sikh travelers who frequently face scrutiny over gold karas and other symbolic articles of faith. The ruling is expected to set a precedent for how personal jewelry is treated by enforcement agencies under the Baggage Rules and Customs Act.
Dalvinder Singh Sudan will now be able to reclaim his gold kada following the payment of applicable storage or warehouse charges incurred during the period of detention.