Residence Rules, 1978, and the Tourist Baggage Rules, 1978. Rules 5(c) of the Baggage Rules clearly states that "nothing contained in this rule ... said order enables a person as passenger baggage to the extent admissible under the Baggage Rules for the time being in force. We have already
Division Bench of the Delhi High Court has
also dealt with Baggage Rules, 2016 as amended with effect from 01.04.2016.
23. Learned Senior Standing Counsel ... expression “baggage” has been defined in
Section 2(3) of the Customs Act, 1962, as follows:-
“baggage” includes unaccompanied baggage but does
not include motor
imported as part of passengers baggage as per
limits, terms and conditions thereof in the Baggage
Rules, 1998.
c) As per Section ... gold ornaments
were kept in their “baggage”.
37. Thus, neither under the provisions of the Baggage Rules, 1998 nor
under Notification No.12/2012-Customs
submit that only if any personal jeweleries were kept in baggage,
the Baggage Rule will apply. However, if it is carried on the person ... person
worn the jewelery, it would not be considered as baggage, thus, the
Baggage Rule will not apply since the same is beyond the scope
submit that only if any personal jeweleries were kept in baggage,
the Baggage Rule will apply. However, if it is carried on the person ... baggage” includes unaccompanied baggage
but does not include motor vehicles;
48. A reading of the above definition would show that baggage
includes unaccompanied baggage
framed Baggage Rules,2016 under Section
81 of the Custom Act, 1962. It replaced the 1998 Rules. Rule 3 of the
Baggage Rules, 2016 which ... meaning of Rule 2(1)(v)
of the said Rules are governed by Sub Clause (b) of the Rule 3 of
Baggage Rules
submit that only
if any personal jeweleries were kept in baggage, the Baggage Rule will
apply. However, if it is carried on the person ... baggage” includes unaccompanied baggage
but does not include motor vehicles;
32. A reading of the above definition would show that baggage
includes unaccompanied baggage
appear to suggest that the definition of "Baggage"
for the purpose of Baggage Rules, 2016 is wider than the definition of "Baggage ... Baggage under
the 1998 Rules.
A reading of Rule 3 of the 2016 Baggage Rules would indicate that the
said Rule covers the following categories
airport, the number of baggage
carried, the number of check baggage, the number of hand baggage and the total
value of dutiable goods being carried ... Green Channel with dutiable goods in his baggage, he was
clearly contravening the Baggage Rules and the provisions of the Act and that
counsel for the respondents, rendered in individual cases, with reference to baggage rules, are not applicable to the facts of this case.
34. Heard ... entry made under this Act, or in the case of baggage in the declaration made under section 77 ;
(m) any goods which do not correspond
