If you are stuck in such a situation, here is what to do.

Mr. Sameer Verma, a resident of Janakpuri, recently faced a perplexing situation at the international airport in the coastal city of Navsari. Upon his return from an overseas trip, his personal drone, an AeroWing Nano model weighing under 250 grams, was seized by the Customs Department. Mr. Verma had purchased this drone several years ago during a previous trip abroad and had traveled with it multiple times without any issue. This time, however, the officials were adamant.

The customs officers informed him that as per a notification from the Directorate General of Foreign Trade (DGFT), the import of drones is banned. Mr. Verma argued that he was not importing the drone for the first time; it was his personal property that he was bringing back into the country. Despite his protests, the officials did not relent. They presented him with three options: either obtain an import license from the DGFT, secure an exception approval, or re-export the drone to the country he came from. He was caught in a classic bureaucratic contradiction: the Directorate General of Civil Aviation (DGCA) permits flying his specific model of drone without a license, yet the DGFT’s rules prevent it from being brought into the country. Confused and frustrated, Mr. Verma is now seeking a way to resolve this issue and retrieve his property.

Advice in such cases

Navigating the complex web of regulations governing drones in India can be challenging. Here is some general advice if you find yourself in a similar predicament:

• Document Everything: Keep a detailed record of all interactions with customs officials, including their names, designations, and the date and time of the conversation. Get everything in writing, especially the seizure memo (Panchnama) and the reasons for seizure.
• Understand the Law: Familiarize yourself with the key regulations. The issue often stems from the conflict between DGFT’s import policy and DGCA’s operational rules (Drone Rules, 2021). Knowing the specifics can help you frame your arguments better.
• Formal Communication: Do not rely on verbal assurances. Submit a formal written representation to the Assistant/Deputy Commissioner of Customs at the airport, clearly stating your case, attaching proof of prior ownership and travel.
• Do Not Forfeit the Goods: Customs may offer you the option to abandon the drone. Avoid this, as it means you relinquish all rights to your property. Opt for re-export as a last resort if you cannot get it cleared.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

The legal framework for this issue involves multiple regulations:

• DGFT Notification No. 54/2015-2020 (dated 9th February 2022): This is the central piece of regulation that amended India’s import policy. It prohibits the import of drones in Completely Built Up (CBU), Semi-Knocked Down (SKD), or Completely Knocked Down (CKD) forms. The policy provides exceptions for government entities, and for R&D, defence, and security purposes, but these require prior clearance.
• The Drone Rules, 2021: Issued by the Ministry of Civil Aviation, these rules govern the operation, registration, and flying of drones within India. They classify drones based on weight (e.g., nano drones under 250g) and exempt nano drones from the need for a pilot license. However, these rules govern *operation*, not *import*.
• The Customs Act, 1962: This Act empowers customs officers to search, seize, and confiscate goods that are imported in violation of any law. The seizure of the drone would be carried out under the provisions of this Act, treating it as a “prohibited good” under the DGFT notification.

If you are the complainant

As the person whose property has been seized, you are the complainant in this administrative matter. Here are the steps to take:

• Gather Your Documents: Collect all evidence, including the original purchase invoice for the drone, your passport pages showing previous exit and entry stamps with the drone, and technical specifications of the drone proving its weight.
• File a Representation: Draft a detailed letter to the adjudicating authority in the Customs Department (usually an Assistant/Deputy Commissioner). Explain that the drone is personal property, not a commercial import, and was previously taken out of India. Argue that the DGFT notification is intended to curb commercial imports, not restrict the re-entry of personal baggage.
• Appeal to a Higher Authority: If the initial representation is rejected, you have the right to file an appeal with the Commissioner of Customs (Appeals) within the stipulated time frame.
• Consider a Writ Petition: If administrative remedies fail, you can approach the High Court by filing a writ petition, challenging the customs’ action as arbitrary and unreasonable.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

As the victim of this bureaucratic tangle, your goal is to prove that your case is one of re-importing personal effects and not a clandestine commercial import.

• Assert Your Rights: Politely but firmly assert that the drone is part of your personal baggage. The Baggage Rules under the Customs Act have provisions for personal effects.
• Seek Provisional Release: You can request the provisional release of the drone upon furnishing a bond or bank guarantee, pending the final decision (adjudication) of the case. This allows you to have the drone while the legal process continues.
• Highlight the Contradiction: Point out the policy dissonance where the DGCA encourages the use of nano drones while the DGFT policy effectively blocks their entry, even for personal use. This can be a strong point in your legal arguments.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

In cases of drone seizure at the airport by customs, the police are generally not involved. This is a matter handled by the Customs Department, which is a separate central agency responsible for enforcing import-export laws and collecting duties. The issue is considered a violation of trade policy and customs law, not a criminal offense under the Bharatiya Nyaya Sanhita (BNS). Police would only get involved if there were allegations of criminal activity associated with the drone, such as smuggling contraband, terrorism, or illegal surveillance, which is not the case in a standard seizure of a personal drone.

FAQs people normally have

Why was my old drone seized if I’m just bringing it back into the country?

Customs officials often interpret any entry of a drone into Indian territory as an “import” under the DGFT notification, regardless of whether it is new or used personal property. Their interpretation tends to be strict and literal to prevent any loopholes.

My nano drone doesn’t need a DGCA license, so why can’t I bring it in?

This is the core of the confusion. The DGCA’s Drone Rules, 2021, govern the *operation* of drones within India. The DGFT’s notification governs the *import* of drones into India. These are two separate legal regimes governed by two different ministries (Civil Aviation and Commerce). A drone can be legal to fly but illegal to import.

What are my chances of getting the drone back?

Success often depends on providing strong evidence of prior ownership and travel. If you can prove the drone was personal property taken out of India and now being brought back, you have a good chance, especially at the appellate level or in court. However, it requires persistence and proper legal procedure.

What evidence is required?

To build a strong case for the release of your drone, you should gather the following:

• Proof of Ownership: The original invoice or receipt of the drone purchase, clearly showing the date and your name.
• Proof of Prior Travel: Your passport with exit and entry stamps from previous trips where you traveled with the drone. Boarding passes or tickets from those trips can also serve as supporting evidence.
• Seizure Memo: The official document (Panchnama) provided by customs at the time of seizure.
• Drone Specifications: A printout of the drone’s technical specifications from the manufacturer’s website, highlighting its weight (e.g., under 250g for a nano drone).
• Written Correspondence: Copies of all letters, emails, and applications submitted to the Customs Department.

How long will the investigation take?

This is not a criminal investigation but an administrative adjudication process. The timeline can vary significantly:

• Adjudication by Customs Officer: This can take anywhere from a few weeks to several months, depending on the workload of the officer and the complexity of your arguments.
• Appeal to Commissioner (Appeals): If you appeal, the process can take an additional 3 to 6 months, or sometimes longer.
• High Court Writ Petition: If the matter goes to court, it could take over a year to get a final resolution.

The key is to be proactive, follow up consistently, and have skilled legal representation to navigate the process efficiently.

Advocate Sudhir Rao, Supreme Court of India