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

Judgment text excerpt

$~91 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 27th March, 2025 + W.P.(C) 198/2025 & CM APPLs. 8813/2025 QAMAR JAHAN .....Petitioner Through: Mr. Ashish Pandey, Adv. versus UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF FINANCE & ORS. .....Respondents Through: Mr. Shubham Tyagi, Sr. Standing Counsel, CBIC with Ms. N.Ojha Mr. P.Mahajan, Advs. Mr. Harpreet Singh, Sr. Standing Counsel with Ms.Suhani Mathur, Mr. Jai Ahuja & Mr. Ashay Saxena Advs. Ms. Mayusha Goyal, Additional Commissioner Mr. Maharishi Singhal, Assistant Commissioner Mr. Nitin Raj, Mr. Sunil Kumar, Mr. Sandeep Lakra & Mr. Ravinder Singh, Superintendents. Mr. Rohit, Mr. Ajay Pratap, Mr. Avinash Yadav & Mr. Umesh Kumar, Inspectors. 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 bunch of more than 30 petitions listed today, raising various Signature Not Verified Signed By:DEVANSHU W.P.(C) 198/2025 Page 1 of 17 JOSHI Signing Date:01.04.2025 18:40:11 issues qua the procedure for detention of goods by the Customs Department belonging to the tourists travelling to India, of both Indian and foreign origin, which are being dealt with by the Court today. I. Background 3. The present petition is the lead matter wherein vide order dated 13th January, 2025, this Court had noticed that various travellers, tourists, Indian citizens coming back from foreign countries were being intercepted and various items which they were wearing including jewellery etc., were being detained. The Court had then considered the Baggage Rules, 2016 (hereinafter the “Baggage Rules”) and the Indian Customs Declaration Form as also the Guide for Travellers, prepared by the Central Board of Indirect Taxes & Custo