Court says mother and minor child may seek release of jewellery seized for excess carriage; customs authority to decide, with scope for minor penalty by consent
The Madurai Bench of the Madras High Court has permitted a mother and her minor child, who arrived from Saudi Arabia, to submit a representation seeking the return of gold jewellery seized by customs officials for being carried in excess of the permissible limit under baggage rules.
Justice C. Saravanan was hearing two writ petitions filed by Fiverose Abdul Majeed Bathurudeen and another, challenging detention orders dated July 4, 2026, passed by the Customs Department at Tiruchirappalli. The jewellery seized from the petitioners weighed 22.20 grams and 30.50 grams, and was valued at Rs. 2,89,081 and Rs. 3,97,161 respectively.
According to the petitioners, they had travelled to India from Saudi Arabia on July 4, 2026, while holding residential visas in Saudi Arabia and Indian passports. They claimed the jewellery was their personal ornamentation and had been brought only for attending a marriage function in Tenkasi district scheduled on July 12, 2026. They insisted that the ornaments were not meant for smuggling or sale in India and said they intended to take the jewellery back to Saudi Arabia when they returned.
Accepting this submission, the court allowed the petitioners to make a suitable representation or application before the customs authority for the return of the seized jewellery. The court directed the second respondent to adjudicate the request.
The court also observed that since there was no question of the jewellery being sold in India and the petitioners intended to take it back to Saudi Arabia, a minor penalty could be imposed for violation of the Customs Act and the rules made thereunder, provided the petitioners consent to such action. The court noted that such a penalty would serve as a deterrent against future infractions.
With these observations, the writ petitions were disposed of, and the connected miscellaneous petitions were closed. No order as to costs was made.
Bottom Line :
Customs - Seizure of excess gold jewellery carried by mother and minor child arriving from Saudi Arabia - Where petitioners stated that jewellery was personal and intended to be taken back to Saudi Arabia and not to be sold in India, Court permitted them to submit representation for return of seized jewellery - Authority directed to adjudicate representation and may impose minor penalty for infraction of Customs Act and Rules, with consent of petitioners.
Statutory provision(s): Customs Act, 1962, Indian Customs Baggage Rules, 2026
