HC seeks Centre stand on seizure of receive-only GPS device at Delhi airport

The petitioner’s counsel said that being an environmental scientist and travelling across the country, a hand-held GPS device is an integral tool-of-trade for him. His counsel said that the device was seized in June last year at the airport even though he had travelled by air on previous occasions carrying the equipment in his hand baggage.

The counsel said that subsequently it turned out that carrying GPS devices by air was not prohibited at that time and seizure of the device was in violation of extant law and under an “erroneous impression that it was a ‘satellite phone’ when it actually was a ‘receive-only’ GPS device”. The counsel said that a receive only GPS device is incapable of use as a satellite phone which requires both reception and transmission capabilities.

The counsel said that thereafter on January 19, 2023 the addendum was issued under the Aircraft Act read with Aircraft (Security) Rules prohibiting the carriage of GPS devices in air travel, in the same manner as satellite phones. It was argued that this is in spite of the fact that the import of handheld GPS devices which only receive satellite signals has been free since 2011, and carriage of GPS devices by air has been permissible for at least 10 years.

The counsel for the respondent submitted they are willing to return the petitioner’s GPS device and added they are also willing to decide the representation by way of a reasoned order. However, the petitioner’s counsel said that there were instructions to press the plea as he is interested in purchasing the latest GPS device and wants to carry it on flights.