Can gold jewellery confiscated at airport be recovered

An Indian passenger who has been residing abroad for over one year is allowed to bring jewellery free of duty in his/her bonafide baggage upto an aggregate weight of 20 gms for a male passenger subject to maximum value of Rs. 50000/- and 40 gms for a female passenger subject to a maximum value of 1 lakh. For those who stayed abroad for six months, the discounted duty payable is 10.3%. Holder of Indian passport who is having continuous stay for 6 months abroad, can bring in upto 1 kg of gold on payment of duty. This can be gold jewellery or crude gold or gold coin or gold biscuits. In case the passenger bringing gold has not stayed abroad for 6 months, then the duty at the rate of 36.05% shall be charged on all the gold the passenger arrives with. Hence such confiscation may be illegal and the confiscated goods may be returned back through the process of initiation of legal proceeding in CESTAT. The Court on plenty of my matters directed the release of good, hence all the best. Regards