Understanding your Rights after a Gold Seizure at Delhi Airport: Legal Insights by Customs Lawyer for alleged Accused of Gold Smuggling at Delhi Airport

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In the event that gold is seized at Delhi Airport, it is crucial to understand the legal rights in order to safeguard one’s interest and ensure a fair process. Various rights are provided under various statutes which offer insights into the procedures that customs authorities must follow, including the Bharatiya Nagarik Suraksha Sanhita, 2023 (earlier Code of Criminal Procedure, 1973); the Indian Constitution; the Right to Information Act (RTI), 2015; and the Customs Act, 1962. The Customs Act is the primary legislation in India governing the import and export of goods, including gold.

Following are firstly discussed some of the legal rights in relation to gold seizure under the Customs Act of 1962:
• Section 110 of the said Act deals with seizure of goods, documents, and things, and it includes within this the seizure of gold as well. As per this legal provision, once the proper officer seizes the gold, he has to provide a notice to the person whose gold is seized. However, if within six months of the seizure, the officers fail to give the notice, the person whose gold is seized attains a right to get his gold returned to him.
• Section 124 of the said Act talks about the issuance of the show cause notice to the owner of the goods or person from whose possession the gold was seized before ordering the confiscation of the gold. This show cause notice shall mention the grounds on which the gold is proposed to be confiscated. This provides a right to such person to get informed, and from which information, such person can file a reply against the grounds mentioned in that notice in a reasonable time. Apart from this, the person whose gold is seized is provided with a reasonable opportunity of being heard. This provides a fair chance to such a person to present his matter, and the right to a fair and equal procedure is ensured.
• Hiring a legal professional to deal with the customs case is a crucial step, as the matters of customs are quite complex and require an expert to understand the process. Such a legal professional could guide the person whose gold is seized at every possible step and prevent such a person from taking such steps, which could worsen the situation. The professional can draft the replies to the notices mentioned above, ensure validity in the procedure to seize the gold, challenge the illegalities, and make applications for the return of the gold in situations wherever possible. Section 146-A of the said Act gives another right or relief to such person to send his legal professional or practitioner as his authorised representative to appear before the customs officer or the Appellate Tribunal in certain situations where otherwise such person, was entitled or required to appear. This right would provide a great help to such a person, as his legal practitioner would answer in a better manner, protecting and preventing such a person from getting confused by the questions raised by the customs officer and landing himself in trouble later on.
• Section 122 of the said Act ensures that in every case where gold is liable to be confiscated, such confiscation shall be adjudged. This ensures that there is a fair trial, and the person whose gold is seized would also be given an opportunity to present his side of defence through the relevant documents and evidence.
• Section 110-A of the said Act says that for the time being, the order of the adjudication authority is pending, and the gold which is seized under Section 110 could be provisionally released to the owner of such gold. This provision provides a right to the owner to claim for a temporary period possession over the said gold. However, to get this provisional release, such person has to provide a bond along with such security and conditions as the adjudicating authority deems fit.
• Sections 127-A to 127-N (Chapter IX-A) of the said Act deal with the settlement of cases. Under this legal segment, the person whose gold is seized is provided with an opportunity to acknowledge the offence by making an application to the Settlement Commission disclosing the details which were not previously disclosed to the proper officer. The Settlement Commission in this matter is the Customs Excise and Service Tax Settlement Commission (CESTSC). Choosing this could allow such a person to resolve the disputes amicably, with chances of resulting in a reduced penalty and a quicker resolution.
• Aggrieved from the decision or order passed by the customs officer, a person can file appeals to respective authorities under relevant provisions of this Act itself. An appeal can also be filed if the person believes that the seizure of the gold was unjustified. Section 128 of the said Act provides such aggrieved person the right to appeal to the Commissioner (Appeals) within sixty days from the date of communication of the order to him. If the appeal is unsuccessful, a next appeal can be made under Section 129-A of the said Act, to the Appellate Tribunal, to be called the Customs, Excise and Service Tax Appellate Tribunal (CESTAT), formed under Section 129 of this Act.
• Aggrieved from the orders passed by the above authorities, the aggrieved person can approach the Central Government by filing a revision application. Through this application, the aggrieved can get such an order annulled or modified.
• Another forum of appeal available to the aggrieved is to approach the traditional courts. Under Section 130 of the Act, an appeal can be made to the concerned High Court from the order passed by the Appellate Tribunal. An appeal to this Court must involve a substantial question of law in the matter. The last hope and right to appeal available to the aggrieved is to approach the Supreme Court of India under Section 130-E of the Act. The case can be landed in this Court either by taking suo moto cognizance or by filing an oral application. However, the High Court has to certify that this case is a fit one to appeal to the Supreme Court.

A few rights available to the person whose gold is seized under other laws are discussed below:
• A writ can also be filed under Article 226 or Article 32 of the Indian Constitution to approach the High Court or Supreme Court, respectively, to get the complaint of seizure resolved.
• Through the Right to Information (RTI) Act, 2005, a person can request for the copies of documents, reports, and internal communications related to the case.
• Section 337 of the BNSS, 2023 (Section 300 of the CrPC, 1973) and Article 20(2) of the Indian Constitution ensure that a person does not get prosecuted for the same offence more than once.
• If the seizure of gold is found to be unjustified or illegal, the person whose gold is seized has the right to claim compensation for any loss incurred.

In conclusion, it would be correct to say that understanding one’s rights under the Customs Act, 1962, is crucial while dealing with the gold seizure at Delhi Airport. Awareness of one’s rights, strict adherence to the procedural guidelines, and the avoidance of common mistakes can safeguard one’s interests and help ensure that justice prevails.
Authored By: Adv. Anant Sharma & Sahil Arora

 

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