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2025 Supreme(Online)(Del) 1666

IN THE HIGH COURT OF DELHI AT NEW DELHI
PRATHIBA M. SINGH, RAJNEESH KUMAR GUPTA, JJ
QAMAR JAHAN – Appellant
Versus
UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF FINANCE & ORS. – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Ashish Pandey, Adv.
For the Respondents: 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.

(Oral)

1. This hearing has been done through hybrid mode.

2. There are a bunch of more than 30 petitions listed today, raising various 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by the Central Board of Indirect Taxes & Customs (hereinafter “CBIC”) and had observed that the Baggage Rules are quite outdated and archaic considering the increase in price of gold in the last several years. The Baggage Rules date back to 2016 i.e., the Rules are more than nine years old and considering the present market realities, the Baggage Rules need a re-look. A

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