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HC orders Customs dept to return seized luxury watch to overseas Indian

The Morning Standard

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November 16, 2024

THE Delhi High Court has ruled in favour of an Overseas Citizen of India (OCI) cardholder, directing the Customs Department to return her confiscated luxury watch, citing non-compliance with procedural mandates under Section 124 of the Customs Act, 1962.

- SHEKHAR SINGH

HC orders Customs dept to return seized luxury watch to overseas Indian

The court reprimanded the Customs Authorities for detaining the item without issuing a mandatory show-cause notice.

The case arose when the petitioner, an OCI cardholder, arrived at Indira Gandhi International Airport and had her high-value watch confiscated by Customs. Despite multiple follow-ups, she was neither informed of the grounds for confiscation nor issued a formal notice, as required under Section 124 of the Act.

This provision stipulates that confiscation orders can only be made after providing the owner a notice, a chance to make a representation, and an opportunity to be heard.

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