Delhi High Court Directs Customs Department to Enhance Accessibility for Airport Passengers
Court Orders Inquiry into Alleged Forged Representations and Mandates Compensation for Disposed Seized Gold
In a significant ruling, the Delhi High Court has directed the Customs Department to establish information counters at airport terminals to facilitate better access for passengers to submit representations, attend personal hearings, and obtain necessary documents. This decision comes in response to the case of Ms. Puja Jayant and others versus the Commissioner of Customs, IGI Airport, where the court addressed issues concerning the disposal of seized gold jewellery and the lack of accessible procedures for passengers.
The bench comprising Justices Prathiba M. Singh and Shail Jain issued these directives while hearing a petition filed by Ms. Puja Jayant and her family, whose gold jewellery was seized by the Customs Department upon their arrival from Dubai in September 2022. The petitioners had made repeated attempts to recover their jewellery through representations to the Customs Department, which were allegedly forged.
The court observed that the current process of submitting representations to the Customs Department is inadequate and not citizen-friendly. It emphasized the need for the Customs Department to set up information counters at airport terminals to assist passengers in submitting representations, attending hearings, and obtaining authenticated copies of orders.
Moreover, the court directed an inquiry by the Economic Offences Wing of Delhi Police into the allegations of forged representations submitted by the petitioners. The petitioners are required to produce the original representations with the alleged fake stamps for verification. The Delhi Police is tasked with conducting a thorough investigation and submitting a status report by the next hearing date.
In addition to procedural reforms, the court addressed the issue of compensation for the disposed jewellery. It ruled that the Customs Department must pay the market value of the disposed goods to the petitioners if their refund request is denied due to procedural lapses. This direction follows the precedent set in similar cases, where the court has upheld the rights of individuals whose seized goods were disposed of despite successful appeals.
The court has given the Customs Department until November 25, 2025, to file a comprehensive affidavit detailing the methodology adopted for disposing of the jewellery, the amount recovered, and the computation of the refund order. The Central Board of Indirect Taxes and Customs (CBIC) has also been instructed to consider setting up information counters at airport terminals to improve accessibility for passengers.
This judgment highlights the court's commitment to ensuring that the rights of passengers are protected and that the Customs Department operates in a transparent and citizen-friendly manner. The case is scheduled for further hearing on November 25, 2025.
Bottom Line:
Customs Department must ensure accessibility for passengers at airports by establishing information counters to facilitate submission of representations, replies, personal hearings, and other procedural activities.
Statutory provision(s): Customs Act, Articles 226 and 227 of the Constitution of India
Ms. Puja Jayant v. Commissioner of Customs, IGI Airport, (Delhi)(DB) : Law Finder Doc Id # 2788511
