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Dated: 07.03.2025

Madras High Court held that the personal jewelry worn on the body cannot be seized under baggage regulations

The Madras High Court recently delivered a significant ruling on the seizure of gold jewelry, including a thaalikodi (mangalsutra), from a Sri Lankan citizen at Chennai International Airport. The petitioner, Thanushika, challenged the customs officials’ actions, arguing that her jewelry was worn on her person and not part of her baggage.

Key Highlights of the Case:

• The petitioner, a newly married woman, was traveling to India for a pilgrimage before joining her husband in France.
• Customs officials forcibly removed her jewelry, including the thaalikodi, despite her pleas.
• She was detained for over 12 hours, and officials allegedly forced her to sign false documents.
• The customs department justified the seizure under the Baggage Rules, 2016, claiming that the jewelry was non-bonafide baggage.

High Court Verdict:

• The court ruled that personal jewelry worn on the body does not fall under the scope of baggage, making its confiscation under the Baggage Rules, 2016, invalid.
• The rule extending baggage regulations to worn jewelry was deemed ultra vires (beyond legal authority) as it contradicts Section 79 of the Customs Act, 1962.
• The seizure order was quashed, and customs authorities were directed to return the jewelry immediately.
• The court criticized customs officials’ behavior, calling it a violation of religious and cultural sentiments and recommended disciplinary action.

Why This Judgment Matters:

• Protects personal rights & religious sentiments – Acknowledges that a thaalikodi holds deep cultural and traditional significance.
  Sets a legal precedent – Ensures customs officials respect legal limits while conducting searches.
• Reaffirms due process – Prevents unlawful detentions and forced confiscations under misapplied regulations.
• This landmark judgment upholds individual rights and restricts arbitrary actions by customs officials, ensuring that travelers are not unfairly targeted under misinterpreted baggage rules.

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Source: Madras High Court

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