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The court argued that the confiscation of the gold jewels of the petitioner, Thanushika, was illegal and directed the immediate release of the ornaments.
The bank of Judge Krishnan Ramasamy, while annulled the order of confiscation of the Customs Department, said that the seizure was not only against the legal provisions, but also equivalent to ignoring cultural and religious feelings. (Image of representation)
The Superior Court of Madras has strongly criticized Customs officials at the Chennai International Airport for forceing the Thaali Kodi (mangalsutra) of a woman from Sri Lanka and stop her from her family for almost 12 hours. The court argued that the confiscation of the gold jewels of the petitioner, Thanushika, was illegal and directed the immediate release of the ornaments.
The bank of Judge Krishnan Ramasamy, while annulled the order of confiscation of the Customs Department, said that the seizure was not only against the legal provisions, but also equivalent to ignoring cultural and religious feelings. The Court expressed a strong disapproval of the way in which customs officers treated the petitioner, stating that snatching their Thaali Kodi showed a lack of sensitivity towards Hindu traditions.
“The act of the second defendant is equivalent to annihilating the customs of the Hindu religion and the culture of this country,” said the court.
Thanushika, citizen of Sri Lanka, had come to India to visit the temples in Tamil Nadu after his marriage. She was supposed to go to France with her husband after her trip to India. He arrived in Chennai on December 30, 2023, along with his mother -in -law, his sister -in -law and three children. He was supposedly 166 grams of gold, including bracelets and a Thaali Kodi, as part of his personal belongings. Upon arrival, airport customs officials intercepted and confiscated the jewels, claiming that it exceeded the permissible limit under the luggage rules, 2016.
The petitioner alleged that Customs officers mistreated her already her family, forced them to enter a closed room without food or water, and forced them to sign documents falsely affirming that gold was smuggled. In addition, he said that the officials forcefully removed their Thaali Kodi, despite their repeated pleas and emotional anguish. However, the Customs Department denied these accusations and maintained that gold was legally seized under the Customs Law.
The Superior Court determined that customs officers did not follow due process. He decided that the luggage rules, 2016, which prohibit foreigners from bringing gold beyond a specific limit, could not cancel the Customs Law, 1962.
Judge Ramasamy also argued that the jewels used in the person do not constitute “luggage” and, therefore, could not be subject to the restrictions imposed by the rules.
The court also emphasized that the Customs officer had seized Thaali Kodi of the petition without even considering the feelings.
Referring to the Hindu customs, the court stressed the cultural importance of a Thaali Kodi in the life of a married woman and criticized customs officials for ignoring religious feelings. He pointed out that a newly married woman who had 88 grams of gold since Thaali Kodi was not unusual and that treating him as smuggling gold was unjustified.
In addition, the court observed inconsistencies in the records of the Customs Department. The report of the seizure falsely declared that the petitioner had hidden the gold under his clothes, while the official safe of against -Fidio admitted that he carried the jewels openly. This contradiction, the court said, demonstrated an attempt to frame the petitioner unfairly.
In its order, the Superior Court ordered the Customs Department to release the gold seized within 7 days and ordered an investigation into the conduct of the officers involved.
“With regard to the second defendant/s.mythili, the officer is concerned, as previously discussed, since his conduct is reckless as an officer, he must necessarily be asked and the appropriate measures must be taken against her by the Personnel Department & Training (Customs of the IRS), “he ordered the Court while referring to the matter to the Personnel and Training Department (IRS-Customs).
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