CBIC Releases Guidelines on Baggage Rules Following Delhi High Court's Interim Directions:

CBIC Releases Guidelines on Baggage Rules Following Delhi High Court's Interim Directions The CBIC issued on May 17, 2025, a Letter directing customs offices to adopt particular procedures for dealing with passenger baggage cases, following the interim directions of the Delhi High Court in the Qamar Jahan vs. Commissioner of Customs case. These include detailed detention receipts, collecting passenger documents, taking pictures of seized items, explaining the detention process clearly, and giving passengers chances to present their case. Written notices can be skipped if the passenger requests it, but a letter for a personal hearing must be provided. Orders should be given promptly with appeal information. Customs offices must also train their officers and handle passenger requests with compassion. We refer to the Board's letter dated March 26, 2025, about observations made by the Delhi High Court in various judgments related to Baggage Rules. After this, through Interim directions in its Order dated March 27, 2025, in the Qamar Jahan vs. Commissioner of Customs case (W.P. (C) 198/2025 and CM Appls. 8813/2025), the Delhi High Court has made certain observations about procedural uniformity in handling Baggage Rules cases. These are summarized in Attachment I. All customs offices are directed to follow these aspects when handling Baggage Rules cases and to inform all officers under your supervision. Please report any difficulties to the Board. Attachment-I (CBIC Letter dated 17.05.2025) Procedures to Follow When Dealing with Baggage Cases 1. Detention receipts issued at Green and Red Channels must: (I) Include passenger details: Full Name, Phone Number(s) including WhatsApp, Email address, Postal Address (local and/or foreign) and clear passenger signature. (II) Clearly state the number and net weight of seized items. (III) Include Flight Number, date and time of seizure. (IV) Include names and signatures of passengers. (V) Clearly show the name and rank of the Customs officer making the seizure. 2. Copies of the Passport and Boarding Pass should be collected along with the Detention Receipt. 3. Photos of seized items must be taken in front of the passenger, shared with them, and one copy kept by customs. 4. Customs officers should clearly explain the detention process, appraisal steps, and expected timeframe to passengers. 5. Notice of confiscation or penalty may be given verbally, and written notice may be skipped only at the passenger's request. Pre-printed waiver forms should be avoided, and requests should be case-specific. The passenger's request must be countersigned by a Customs Officer. 6. When passengers request to skip written notices, Customs warehouse officers must issue a Personal Hearing letter (with DIN) delivered by hand, WhatsApp, mail, or email. 7. Passengers must be allowed to present their case, preferably in writing. Their statements or those of their representatives must be recorded in their own handwriting during the Personal Hearing, including details about the appraisal of detained goods. 8. The final Order should be issued quickly and delivered to the passenger's postal address, email, and WhatsApp, clearly stating they can appeal within 90 days (60+30), with the email address of the appeals office. The name of the issuing officer must be included in full. 9. Passenger requests for faster appraisal or other matters should be considered with compassion. 10. Appropriate training should be provided regarding Baggage Rules and related provisions, especially about Export Certificates.