QAMAR JAHAN vs UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF FINANCE & ORS.

Judgment text excerpt

$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 23rd July, 2025 + W.P.(C) 198/2025, CM APPL. 8813/2025 & CM APPL. 38634/2025 QAMAR JAHAN .....Petitioner Through: Mr Ashish Panday, Adv. versus UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF FINANCE & ORS. .....Respondent Through: Mr. Jagdish Chandra, CGSC with Mr. Sujeet Kr. Chaudhary, Adv. for UOI. Mr. Harpreet Singh, SSC with Mr. Aditya Singla, SSC, Mr. Shubham Tyagi, SSC & Mr. Anushree Narain, SSC along with 1) Mrs. Mayusha Goel, ADC, Customs, 2) Mr. Shaikh Salman, Deputy Commissioner, Board Office and Mr. Anuj Pandey, ADC, Customs. CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE RAJNEESH KUMAR GUPTA Prathiba M. Singh, J. (Oral) 1. This hearing has been done through hybrid mode. 2. There are a batch of petitions listed today, raising various issues qua the procedure for detention of goods by the Customs Department belonging to passengers travelling to India, of both Indian and foreign origin, which are being dealt with by the Court. 3. In this matter, the Court has passed various orders from time to time directing the Customs Department and the Central Board of Indirect Taxes & Customs (hereinafter “CBIC”) to reconsider the Baggage Rules, 2016 Signature Not Verified Digitally Signed W.P.(C) 198/2025 Page 1 of 8 By:RAHUL Signing Date:25.07.2025 17:10:51 (hereinafter “the Baggage Rules”), especially in respect of issues which have been highlighted by this Court. 4. On 27th March, 2025, the Court had directed the Customs Department to place on record a Standard Operating Procedure (hereinafter “SOP”) that shall be in effect till the Baggage Rules are amended by CBIC. The relevant portion of the order dated 27th March, 2025 reads as under: “21. If the Baggage Rules cannot be amended by the next date of hea