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The courtroom held that the confiscation of the gold jewelry from the petitioner, Thanushika, was unlawful and directed the fast launch of the ornaments
The bench of Justice Krishnan Ramasamy, whereas quashing the customs division’s confiscation order, held that the seizure was not solely towards authorized provisions but in addition amounted to disregarding cultural and spiritual sentiments. (Representational picture)
The Madras Excessive Court docket has strongly criticised the customs officers at Chennai Worldwide Airport for forcibly seizing the Thaali Kodi (mangalsutra) of a Sri Lankan girl and detaining her and her household for practically 12 hours. The courtroom held that the confiscation of the gold jewelry from the petitioner, Thanushika, was unlawful and directed the fast launch of the ornaments.
The bench of Justice Krishnan Ramasamy, whereas quashing the customs division’s confiscation order, held that the seizure was not solely towards authorized provisions but in addition amounted to disregarding cultural and spiritual sentiments. The courtroom expressed robust disapproval of the style during which the customs officers handled the petitioner, stating that snatching her Thaali Kodi confirmed a scarcity of sensitivity towards Hindu traditions.
“The act of the 2nd respondent quantities to annihilate the customs of Hindu faith and the tradition of this Nation,” stated the courtroom.
Thanushika, a Sri Lankan citizen, had come to India to go to temples in Tamil Nadu after her marriage. She was purported to go to France together with her husband after their journey to India. She arrived in Chennai on December 30, 2023, alongside together with her mother-in-law, sister-in-law, and three youngsters. She was allegedly carrying 166 grams of gold, together with bangles and a Thaali Kodi, as a part of her private belongings. Upon arrival, customs officers on the airport intercepted her and seized the jewelry, claiming it exceeded the permissible restrict underneath the Baggage Guidelines, 2016.
The petitioner alleged that customs officers mistreated her and her household, compelled them right into a locked room with out meals or water, and coerced them into signing paperwork falsely stating that the gold was smuggled. She additional claimed that officers forcibly eliminated her Thaali Kodi, regardless of her repeated pleas and emotional misery. The customs division, nevertheless, denied these allegations and maintained that the gold was seized lawfully underneath the Customs Act.
The excessive courtroom discovered that the customs officers didn’t observe due course of. It dominated that the Baggage Guidelines, 2016, which prohibit overseas nationals from carrying gold past a specified restrict, couldn’t override the Customs Act, 1962.
Justice Ramasamy additionally held that jewelry worn on the particular person doesn’t represent “baggage” and, due to this fact, couldn’t be subjected to the restrictions imposed by the foundations.
The courtroom additionally careworn that the customs officer had seized the Thaali Kodi of the petitioner with out even contemplating the emotions.
Referring to Hindu customs, the courtroom underscored the cultural significance of a Thaali Kodi in a married girl’s life and criticised customs officers for disregarding spiritual sentiments. It famous {that a} newly married girl carrying 88 grams of gold as Thaali Kodi was common and that treating it as smuggled gold was unwarranted.
Moreover, the courtroom noticed inconsistencies within the customs division’s information. The seizure report falsely acknowledged that the petitioner had hid the gold underneath her clothes, whereas the official counter-affidavit admitted that she was carrying the jewelry overtly. This contradiction, the courtroom famous, demonstrated an try to border the petitioner unfairly.
In its order, the excessive courtroom directed the customs division to launch the seized gold inside 7 days and ordered an inquiry into the conduct of the officers concerned.
“So far as the 2nd respondent/S.Mythili, Seizing Officer is worried, as mentioned above, since her conduct is unbecoming as an Officer, she must be essentially enquired and acceptable motion must be taken towards her by the Division of Personnel & Coaching (IRS Customs),” ordered the courtroom whereas referring the matter to the Division of Personnel & Coaching (IRS-Customs).
