Delhi High Court Quashes Detention of Gold Kada

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Dated: 05.05.2025

Delhi High Court Quashes Detention of Gold Kada

The Delhi High Court in Daljeet Singh v. Commissioner of Customs [W.P.(C) 5040/2025], quashed the detention of a 22-carat gold kada worn by the petitioner, ruling that it qualifies as a personal effect under the Baggage Rules, 2016, and cannot be confiscated without due process.

Case Background:

Petitioner: Daljeet Singh, a Sikh tourist arriving from Dubai on 29 November 2024.
Item Detained: 22-carat gold kada (60 grams) worn by the petitioner.
Customs Action: Detained the kada at IGI Airport, New Delhi under Detention Receipt No. DR/INDEL4/29-11-2024/005522.

Legal Issues Raised:

Whether the gold kada qualifies as a personal effect under Baggage Rules, 2016.
Whether a pre-printed waiver form signed by the petitioner can legally substitute a show cause notice (SCN) and personal hearing under Section 124 of the Customs Act, 1962.

Key Observations by the Court:

The gold kada is a religious and customary item typically worn by Sikhs and qualifies as a personal effect.
Photographic evidence submitted supported its regular use.
Cited prior judgments including:
- Makhinder Chopra v. Commissioner of Customs, 2025:DHC-1162-DB
- Amit Kumar v. Commissioner of Customs, 2025:DHC:751-DB

Findings:

Baggage Rules include personal jewellery genuinely in use.
A printed waiver of SCN and hearing is contrary to Section 124 of the Customs Act.
The detention order was void due to lack of procedural compliance and unjustified seizure.

Final Order:

Detention of the gold kada was declared illegal.
Customs was directed to release the kada within four weeks, subject to warehouse charges.
Petition was disposed of with directions to uphold principles of natural justice in future cases.

Legal Significance:

This decision underscores the judiciary’s protection of cultural and religious practices, and its emphasis on procedural fairness under customs law. It warns customs authorities against overreach and reinforces that personal effects in genuine use must be respected under baggage provisions.

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Source: Delhi High Court

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