VidhiSangh

Supreme Court of India · 18/08/2017

DIRECTORATE OF REVENUE INTELLIGENCE AND OTHERS versus PUSHPA LEKHUMAL TOLANI

[2017] 7 S.C.R. 711 · 2017 INSC 772

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Summary

On the facts of a foreign tourist’s 2002 arrival, the Court upheld quashing of customs confiscation proceedings concerning bona fide personal jewellery intended to leave India with her. High value and recent purchase did not alone establish dutiability, smuggling or concealment. Passing through the green channel supplied the implicit declaration appropriate to her nondutiable baggage. Adverse remarks against DRI were expunged.

Issues

  1. Whether the tourist’s personal jewellery attracted the impugned customs proceedings.
  2. Whether green-channel passage, value or recent purchase established a violation on these facts.

Provisions considered

Held

Result

DRI appeal dismissed without costs; quashing and release left undisturbed, with adverse strictures expunged and an express case-specific limitation.

Judgment PDF: Supreme Court of India, [2017] 7 S.C.R. 711.