Personal Jewellery Protected: Customs Exempts Used Passenger Jewellery as Personal Effects

Recent legal rulings and updated customs guidelines have made it clear that used jewellery worn by a passenger is classified as a personal effect, meaning it’s exempt from being held by the Customs Department under the current baggage regulations. This clarification follows a significant High Court decision on May 30, 2025, which reinforced the rights of passengers regarding their personal jewellery while traveling internationally.

 

Key Highlights

 

Legal Clarity: The High Court determined that gold jewellery carried as personal effects by a passenger cannot be seized by customs officials if it’s intended for personal use and adheres to procedural requirements, especially concerning statutory notice provisions.

 

Baggage Rules: Used personal effects—including jewellery worn by the passenger—are typically allowed to pass through customs duty-free, as long as they are for personal use and not meant for sale or commercial purposes.

 

Recent Case: In the case of Abhilash Mullentevida vs Commissioner of Customs, it was confirmed that jewellery worn by the passenger is indeed considered a personal effect according to the Customs Rules.

 

Procedural Safeguards: The court stressed that any detention must strictly adhere to statutory notice requirements, and any procedural missteps could result in the jewellery being released.

 

Outlook

 

This ruling brings much-needed clarity for international travelers, safeguarding personal jewellery and minimizing unnecessary hassles at customs. It’s expected to simplify customs processes and enhance confidence among travelers, particularly frequent flyers and those carrying cherished family heirlooms.

 

Source: Taxmanagementindia.com, Indian Kanoon, efiletax.in