A Dubai-based entrepreneur plans to approach the Kerala High Court after customs officials seized his newly purchased iPhone 18 Pro at Kochi airport over a disputed duty payment. The case has raised questions about how Indian customs rules treat new phones carried for personal use.
A Dubai-based entrepreneur is preparing to approach the Kerala High Court after Indian customs officials seized his newly purchased iPhone 18 Pro at Kochi airport over a dispute about import duty. The incident has sparked questions about how Indian customs rules apply to new electronic devices carried by passengers for personal use.
Ajas Mohammed, founder of the education app Eduport, told Khaleej Times that he visited Kochi’s Nedumbassery airport on Monday, October 26, hoping to recover his phone, which had been seized four days earlier. He said customs officials offered him a settlement involving a reduced duty payment, but he refused to pay and is now exploring legal options.
Mohammed also said he would consider filing a Public Interest Litigation (PIL) seeking greater clarity on the rules governing personal electronic devices brought into India by international passengers.
The case has drawn attention to an important distinction in Indian customs law: a device intended for personal use is not automatically exempt from duty simply because its owner describes it as a personal belonging.
What Happened at Kochi Airport?
Mohammed arrived at Kochi Airport around 9 pm on October 23 after purchasing a burgundy iPhone 18 Pro in Dubai the previous day for Dh5,950.
At the customs counter, officials asked about the phone’s value. According to Mohammed, an officer told him that duty would apply because the device’s value exceeded Rs 75,000, approximately Dh2,890.
The phone was outside its original packaging, and Mohammed said he intended to use it personally. He was also carrying an older iPhone 14, which he had used for several years.
Mohammed refused to pay the requested duty, arguing that the phone was for personal use. He then staged a sit-in at the airport, saying he would remain there until his device was returned. He said he kept the protest quiet because the airport is a high-security area.
According to his account, Central Industrial Security Force (CISF) personnel arrived around 2 am and forcibly escorted him out of the airport. He also said customs officials filed a case against him, alleging interference with their duties.
Mohammed returned on Monday in another attempt to recover the device but was unsuccessful. He told Khaleej Times that officials suggested he pay a reduced amount to settle the matter, which he declined.
Why the Customs Rules Are Being Questioned
Mohammed argues that Indian customs rules do not explicitly require personal electronic devices to be old or previously used to qualify as personal effects. He also questioned whether carrying two phones for personal use should, by itself, lead to a duty dispute.
The entrepreneur said he wants the courts to clarify the rules so passengers can understand what they are permitted to bring into India without facing uncertainty at the airport.
His protest video, uploaded by a friend, received more than 4.7 million views, according to Mohammed. He said he was surprised by the response from Indian expatriates, some of whom offered financial and legal assistance. He declined the financial offers, saying his aim was to raise the issue rather than gain social media attention.
Mohammed has lived in Dubai for nearly a year and frequently travels between India and the UAE. He founded Eduport, a learning app for students in Kerala, and the company also has an office in Sharjah.
He said he decided to speak out because he believed someone needed to raise the issue.
What Does Indian Customs Law Say About Personal Electronic Devices?
To understand the dispute, Khaleej Times consulted two lawyers familiar with customs matters.
Shabeel Ummer, a Dubai-based lawyer and head of Legal and HR at V Group International, explained that ordinary belongings reasonably required for personal use and daily life during travel are generally allowed duty-free. However, electronic devices do not automatically qualify for exemption merely because a passenger claims they are personal property.
Customs officials may consider several factors, including the item’s value, condition, quantity, intended use, and the circumstances in which it was purchased and brought into the country.
Hakkim Ottapalam, a Sharjah-based lawyer at Farouq Abdalla Lawyer and Legal Consultants, said the relevant rules do not expressly require an item to be old or previously used to qualify as a personal effect.
However, he explained that the examining customs officer has the authority to inspect goods, assess their value, and determine the applicable duty under the Customs Act, 1962, and relevant rules.
Both lawyers cautioned that whether a particular phone qualifies for duty-free treatment depends on the facts and applicable provisions. A newly purchased device intended for personal use may still be assessed by customs.
Does Indian Law Set a Limit on the Number of Phones a Passenger Can Carry?
According to the lawyers consulted by Khaleej Times, Indian customs law does not prescribe a specific numerical limit on the number of mobile phones a passenger may carry.
However, the absence of a fixed phone limit does not mean every device is automatically exempt from duty. Customs officials may examine the circumstances surrounding the devices to determine whether they qualify for passenger baggage concessions.
The lawyers outlined how different situations may be assessed:
- Two phones already owned and regularly used: The circumstances may provide stronger grounds for treating both as personal effects, although the applicable rules and individual facts still matter.
- One existing phone and one newly purchased phone: The new device may receive a different assessment. Intended personal use alone does not guarantee exemption.
- Multiple new or boxed phones: Customs may ask whether the devices are intended for personal use or commercial purposes and whether they qualify for the relevant concessions.
Ottapalam added that passengers may need to explain why they purchased a device and provide reasonable supporting evidence where necessary. This could include relevant call records, messages, account information, or other documents that help establish the circumstances of use and purchase.
The final assessment remains a matter for customs officials under the applicable legal provisions.
Can Passengers Challenge a Customs Decision?
Passengers who disagree with a customs assessment may have legal avenues to challenge the decision.
Ottapalam said Section 128 of the Customs Act, 1962, provides a mechanism to appeal certain customs decisions before the Commissioner of Customs (Appeals).
The applicable deadline and procedural requirements depend on the specific order and circumstances, so passengers should verify the relevant requirements before filing an appeal.
Mohammed is considering approaching the Kerala High Court to challenge the action and seek greater clarity on the treatment of personal electronic devices brought into India by international travellers.
Any court proceedings would need to consider the relevant documents, the customs assessment, and the applicable legal provisions before determining whether the authorities acted lawfully.
Lawyers Urge Caution Before Drawing Conclusions
Although the incident has generated widespread discussion, the lawyers cautioned against concluding without reviewing the full facts.
Ottapalam said it would not be appropriate to determine whether either party acted unlawfully without examining the relevant documents and legal provisions. Ummer similarly stressed that reported accounts of the incident should be distinguished from a judicial determination of its legality.
The dispute has nevertheless brought renewed attention to the questions international travellers face when bringing newly purchased electronic devices into India.
For now, Mohammed is considering his next legal steps. The outcome could help clarify how customs officials assess new phones claimed as personal effects, but the legal position in his individual case will depend on the applicable rules and the evidence presented.
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Source: KT
