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

Judgment text excerpt

$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 19th May, 2025 + W.P.(C) 198/2025 and CM APPL. No.8813/2025 QAMAR JAHAN .....Petitioner Through: Mr. Ashish Panday, Mr. Priyanshu Upadhyay and Mr. Ajay Singh, Advocates versus UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF FINANCE & ORS. .....Respondents Through: Mr N Venkatraman ASG, Mr Shubham Tyagi SSC, Ms Navruti ojha Mr. Jagdish Chandra, CGSC with Mr. Shubham Kumar Mishra, Advocate for UOI. Mr. Harpreet Singh, Senior standing Counsel along with Ms. Suhani Mathur and Mr. Jai Ahuja, Advocates Ms.Anjali Ralhan, Assistant Manager, CWC 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. Signature Not Verified Signed By:RAHUL W.P.(C) 198/2025 Page 1 of 11 Signing Date:22.05.2025 06:56:11 Background 3. On 13th January, 2025, this Court had observed that various travellers, tourists, and Indian citizens coming back from foreign countries were being intercepted and various items, which they were wearing, including jewellery etc., were being detained by the Customs Department. After considering the Baggage Rules, 2016 (hereinafter “the Baggage Rules”) and other relevant documents, including the Indian Customs Declaration Form, the Court was of the view that the Baggage Rules would have to be re-looked by the Central Board of Indirect Taxes and Customs (hereinafter “CBIC”). Accordingly, the Court had directed the CBIC to reconsider the Baggage Rules. 4. It is als