CESTAT sets aside confiscation of gold jewellery seized from Agartala air passenger
Customs officers seized a gold chain and bangle weighing 182.78 grams from a passenger flying Agartala to Kolkata in August 2023 and absolutely confiscated them with penalties. The Commissioner (Appeals) upheld that order in August 2025. The CESTAT Eastern Zonal Bench in Kolkata allowed the passenger's appeal in July 2026 and directed release of the jewellery.
This page records what the cited court, tribunal and government records say happened. Findings belong to the court or authority that made them; this register adds none of its own. Names of private individuals are withheld unless a naming gate clears them.
How we verify →The confiscation and penalties stand set aside and the gold jewellery was directed to be released to the passenger, with no remand.
What happened
The Tribunal recorded that the appellant was travelling from Agartala to Kolkata by flight on 1st August 2023, when airport security noticed wrist and neck ornaments and, after supporting papers could not be produced, Customs took custody of the jewellery.
The adjudicating authority absolutely confiscated one gold chain and bangle weighing 182.78 grams and imposed penalties under Sections 112(a) and 112(b) of the Customs Act, 1962, and the Commissioner (Appeals) in Guwahati upheld that order on 21.08.2025.
The Tribunal held that for seizure of gold there should be a reasonable belief that the jewellery is of foreign origin, noting there were no foreign markings and the purity of the goods was not examined.
The Tribunal concluded the seizure was bad in law, allowed the appeal, and directed the respondents to release the gold jewellery to the appellant.
What the record says
“Therefore, seizure of the said goods is bad in law.”
Paragraph 12 of Final Order No. 75928/2026 in Customs Appeal No. 76657 of 2025, CESTAT Eastern Zonal Bench Kolkata — read the full text
A peaceful economic act
Carrying worn gold jewellery on a domestic flight harmed no one: the order records no allegation of theft, fraud, foreign smuggling, or any victim, only failure to produce documents on the spot.
What we could not confirm
Facts taken from the Indian Kanoon mirror of the CESTAT order; the amounts of the Section 112 penalties were not specified in the fetched text. Presiding Members: Hon'ble Shri Ashok Jindal (Judicial) and Hon'ble Shri K. Anpazhakan (Technical).