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Personal Gold Rules: Delhi HC Makes Landmark Ruling After Woman’s Bangles Seized At Airport

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An Indian woman, Ashiya, arrived in Delhi from Saudi Arabia in 2023 with four 24-carat gold bangles weighing 250g, which customs seized at the airport on smuggling suspicion

Under the Baggage Rules, 2016, travellers can bring their personal jewellery and belongings into India. (Representative/PTI)

Under the Baggage Rules, 2016, travellers can bring their personal jewellery and belongings into India. (Representative/PTI)

In a landmark ruling, the Delhi High Court has granted relief to travellers returning from abroad wearing gold.

The case involved an Indian woman named Ashiya who arrived in Delhi from Saudi Arabia in November 2023, carrying four gold bangles weighing 250 grams and 24-carat (998 purity).

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Customs officials at the airport seized the bangles, suspecting smuggling. However, the court ruled that Ashiya was neither a habitual offender nor was the quantity commercially significant, permitting her to retrieve her jewellery after paying warehousing charges.

What Customs’ Claimed And What The Court Clarified

Customs officials contended that gold of such high purity is rare in jewellery and should be classified as bullion, thereby warranting fines and penalties.

The court, however, clarified that high purity alone does not make jewellery bullion. It stated that the rules do not distinguish between 22-carat and 24-carat gold when defining jewellery. If a passenger is wearing jewellery and it is not concealed, it should be considered personal jewellery, the court said.

Here’s What The Law Says

Under the Baggage Rules, 2016, travellers can bring their personal jewellery and belongings into India. Referring to previous cases such as Pushpa Lekhumal Tolani and Saba Simran, the court asserted that high purity alone does not imply commercial gold. Thus, personal jewellery worn normally while returning from abroad should not be subject to confiscation or heavy fines.

What Precautions Should Travellers Take

Legal experts advise travellers to carry evidence proving the “personal use” of their jewellery. This could include old photographs showing the jewellery, scratches or engraving marks, or purchase receipts.

Brand-new, packaged, or tagged jewellery may raise suspicions with customs officials and lead to heavy fines under Sections 112(a) and 112(b) of the Customs Act. Therefore, it is advisable to declare baggage upon returning from abroad and, where possible, retain bills or proof of prior use to avoid unnecessary legal complications.

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