Q.890 467 gr gold seized on Delhi airport form NRI Lady - What to do?
nri lady coming from dubai wearing four kadas weigt 467 gr of gold walking from green channel detain by customs
and they seize her gold .but she is not smugller she wants her gold back she is not permanent living in india her all
faimly is in dubai.
please tell answer
Ganesh Kumar
Answer: Taking 467 grams of gold is way over the allowed limit of Rupees one lakh duty free allowance on gold
jewelry for women passengers arriving in India. As per rules, failure to declare in contravention of rules can lead to
seizure of goods, fines and even prosecution [depending on the value] at the discretion of the customs authorities.
If a passenger claims to have not known about the reporting requirement and the customs officer believes that the
passenger indeed did make a mistake in not declaring, then perhaps, only the applicable duty would be charged.
However claiming ignorance may be difficult these days as the new entry forms to be filled by passengers arriving in
India, require that passengers must specifically declare any prohibited articles, gold jewelry (over free allowance),
gold bullion and Indian currency exceeding the allowed limit [now Rs. 25,000.]
[Sample declaration form is available at: http://www.travelindiasmart.com/index_htm_files/Arrival_form_india.pdf ]
If the lady in question:
did not understand the rules when reading/filling the declaration form
had no intention of leaving the gold jewelry in India and would
have taken the jewelry back when returning to Dubai
And had no intention of cheating the system and the non-
declaration was an unintentional error on her part.
Then perhaps she should try and discuss with the customs
authorities the circumstances that led to the seizure of her jewelry
and request release of the seized items. All said and done the decision would be that of the customs authorities and
would depend on how they perceive the facts of this case.
Disclaimer: Information provided is for general knowledge only and should not be deemed to be professional advice. For professional advice kindly consult a professional
accountant, immigration advisor or the Indian consulate. Rules and regulations do change from time to time. Please note that in case of any variation between what has been
stated on this website and the relevant Act, Rules, Regulations, Policy Statements etc. the latter shall prevail.
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