Days after staging a viral sit-in protest at Nedumbassery airport, officially known as Cochin International Airport, a UAE-based Indian entrepreneur is reportedly preparing to approach the Kerala High Court to file a case. Ajas Mohammed, whose brand-new iPhone 18 Pro was allegedly seized by officials after he refused to pay import duties, plans to file a Public Interest Litigation (PIL) to challenge what he calls “ambiguity” in Indian customs laws.
What had happened?
Mohammed landed at Kochi Airport on October 23 and was asked the value of his new iPhone 18 Pro. He had purchased the device a day before in Dubai for Dh5,950 (approximately ₹1,54,134). Though he had taken the device out of the box and clarified that it was for personal use, he claimed that the customs officer said he would have to pay because the value of the item exceeded Dh2,890 (approximately ₹75,000).
The expat refused to pay the amount. He said that after this, he was allowed to sit in a "high security area" of the airport for a few hours, before being forced out. He also said that customs officials filed a case against him for "interfering in their duty".
Why does he want to sue?
Mohammed told Khaeej Times that he visited the airport again on October 26 in hopes of retrieving his phone. However, claimed that he was denied. He further said that he was asked for a "settlement" and was suggested he pay "a very minimum duty". However, he refused. He told the outlet that he is now exploring legal ways to get his new phone back.
{{/usCountry}}Mohammed told Khaeej Times that he visited the airport again on October 26 in hopes of retrieving his phone. However, claimed that he was denied. He further said that he was asked for a "settlement" and was suggested he pay "a very minimum duty". However, he refused. He told the outlet that he is now exploring legal ways to get his new phone back.
{{/usCountry}}The outlet reported that a Dubai-based lawyer, Shabeel Ummer, said the electronic devices could be personal items, but that doesn’t automatically exempt them from customs duty.
Another lawyer, Hakkim Ottapalam, who is based in Sharjah, said that under Indian law, customs officers have the authority to assess the value of items, examine them, and determine the applicable duty.
Section 81 in The Customs Act, 1962 states that “Regulations in respect of baggage, The Board may make regulations:
(a) providing for the manner of declaring the contents of any baggage;
(b) providing for the custody, examination, assessment to duty and clearance of baggage;
(c) providing for the transit or transhipment of baggage from one customs station to another or to a place outside India.”
However, the customs law does not differentiate between new and old when it involves personal effects.