What to do when your Gold is Seized at Delhi Airport: Delhi Airport Gold Smuggling Legal Help by Delhi Customs Lawyer
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If the gold is seized by the customs officials at Delhi Airport, it is most likely that the person from whose possession the gold is seized, or the person who is claiming to be the owner of that gold, will be charged under the legal provisions of gold smuggling. Thus, as soon as the gold is seized, effective steps shall be taken to understand the legal framework. Mostly, the customs officials seize gold under the provisions of the Customs Act of 1962. However, this Act itself provides certain steps following which a person can tackle this situation of seizure.
Following is a detailed guide on what to do under this situation when the gold of a person is seized under the Customs Act, 1962 provisions:
• The first and foremost step is to consult and engage a legal professional having expertise in the matters of customs and gold seizure cases. Such a legal professional will guide the person whose gold is seized at every stage of the proceedings, investigation, and inquiry. The professional would file statements proving the innocence of the person, reply to the notices sent by the customs officials, and can also appear on his behalf as an authorised agent before the customs officers or Appellate Tribunal, as Section 146-A of this said Act allows a legal practitioner to represent a person as his authorised agent in certain situations.
• Gold is usually seized under Section 110 of the said Act, which states that the proper officers can seize any gold which they believe shall be confiscated under this Act. However, this Section prescribes a condition that if gold is seized under this Act, then under a period of six months from the date of such seizure, a notice has to be furnished to the person from whom the gold is seized. Here, the person shall ensure that the date when his gold is seized, if he does not receive any notice for the same, he acquires a right to get his gold recovered from the officers. No delay shall be caused in filing an application for the return of the seized gold, as this provides such a person an opportunity to protect his property.
• Along with the above notice, under Section 124 of the said Act, a show cause notice has to be issued to the owner of the gold or to the person from whose possession the gold was seized. This show cause notice shall mention the grounds on which the gold is proposed to be confiscated by the authorities, and no order of confiscation shall be made before providing such show cause notice to such person. Moreover, a reasonable time and opportunity of being heard has to be provided to such a person to present his case and counter the grounds mentioned in the show cause notice. In this situation, the legal professional assistance will be a great strength for the person, as he could be able to draft a detailed reply proving the accused person’s innocence and procedural errors, if any, made during the seizure.
• For the time the gold is seized under Section 110 of the said Act and the case is referred to the adjudicating authority to decide whether the person from whom the gold is seized is actually guilty of any offence or not, such person can make an application requesting his gold to be provisionally released to the owner for the time the adjudication is pending, as per Section 110-A of the said Act. This provides an opportunity for such a person to ensure that his property is secured. To avail this benefit, such person has to file a bond along with the requisite amount of security as the adjudicating authority deems fit. Certain conditions can also be filed, complying with which the person can get his gold released for the time being.
• After the adjudication authority pronounces its order unfavourable to the person whose gold is seized, he is equipped with an option to appeal at the respective authorities or forums. Through Section 128 of this Act, the aggrieved person can file an appeal to the Commissioner (Appeals) within 60 days of the order or decision communicated to him. Aggrieved from this authority decision, the aggrieved can file an appeal to the Appellate Tribunal, called the Customs, Excise and Service Tax Appellate Tribunal (CESTAT), through Section 129-A of this Act. Any person aggrieved by the order of the above two authorities can file a revision application under Section 129-DD of this Act to the Central Government to annul or modify such order.
• Seeking a favourable order or decision, the aggrieved person can approach the concerned High Court through Section 130 of the said Act by appealing the above authority’s order. And as a last resort, the person can approach the Supreme Court of India by filing an appeal under Section 130-E of the said Act. The Supreme Court can hear the matter either upon filing an oral application by or on behalf of the concerned person, or it can even take the case on its own motion.
Apart from the above-discussed legal provision from the Customs Act of 1962, there are some general steps also following of which the person can increase his chances of getting a favourable outcome in his favour, a few of which are discussed below:
• Cooperate with the customs officials and obey the directions of the authorities without making any panic and maintaining composure.
• Gather complete information about the grounds on which the gold is seized. Mostly the seizure is done when the quantity exceeds the prescribed limit of import or export, or the same is brought without proper declaration or duty payment.
• Collect relevant evidence to challenge the seizure and validity of the ownership of the gold. Thus, it can include documents like purchase or sale receipts, bills or invoices; import-export documents and its permission; baggage receipts; and receipts of duty payment.
• Timely appeal to the concerned authority or court against the unfavourable decision or order, preferably through an advocate having expertise in this area of customs.
• Draft effective responses to the notices advocating recovering or provisional release of the gold.
• Try to keep an independent valuation of the gold to counter the seizure allegation raised on the ground of overweight or overpriced, and challenge the discrepancies in the customs valuation.
In the case of M/S. Match Graphics Private Limited v. Union of India (2023), the petitioner, Match Graphics Pvt. Ltd., challenged the conduct of the customs authorities pertaining to the provisional release of the seized goods, alleging that the authorities did not follow proper procedures under Section 110-A of the Customs Act, 1962. The Gujarat High Court made a decision favouring the petitioner that the goods of the petitioner be released without any conditions because of the lack of a proper order from the adjudicating authority, which led to not complying with the due process of providing reasoned orders in administrative actions.
In conclusion, it would not be wrong to say that facing seizure of the gold at Delhi Airport can be overwhelming, but by taking timely actions, collecting evidence, presenting strong replies proving your innocence, and understanding the legal framework under the Customs Act, 1962, one can increase his chances of receiving a favourable outcome and recovering the seized gold from the customs officials.
Authored By: Adv. Anant Sharma & Sahil Arora
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