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Judgment
Prathiba M. Singh, J. (Oral)
The hearing has been done through hybrid mode.
The present petition has been filed by the Petitioner under Article 226 and 227 of the Constitution of India, inter alia, assailing the Order-in-Original dated 12th June, 2024 passed by the Assistant Commissioner, Customs, Terminal-3, Indira Gandhi International Airport, New Delhi (hereinafter, ‘impugned order’).
Vide the impugned order, two bangles, which are described as ‘two elongated pieces of gold bent in kada shape’, weighing a total of 116 grams (hereinafter, ‘gold items’), have been directed to be absolutely confiscated.
A brief background of the Petitioner’s case is that, the Petitioner is an Indian passport holder who had travelled to Saudi Arabia for a pilgrimage. Upon her travel back to India on 29th February, 2024, when she arrived at the Indira Gandhi International Airport, New Delhi, she was intercepted by the concerned officials of the Customs Department and the gold items were seized, vide detention receipt dated 29th February, 2024.
Ld. Counsel for the Petitioner submits that no Show Cause Notice (hereinafter, ‘SCN’) has been issued to the Petitioner and no personal hearing has been granted.
Ld. Counsel for the Respondent submits that the Petitioner had waived issuance of the SCN and opportunity for personal hearing.
On the last date of hearing i.e., 7th November, 2025, the Court directed the Customs Department to produce the gold items before the Court. The same have been produced today in a sealed box.
The Court has seen the seized gold items which have been produced today. In the opinion of this Court, the same are not jewellery but raw gold pieces bent into the shape of bangle/kada.
The Order-in-Original has already been passed in this matter. Accordingly, the Petitioner is free to challenge the impugned order by way of an appeal to be filed by 31st January, 2026 before the Commissioner (Appeals) in accordance with law.
If the said appeal is filed by 31st January, 2026, the same shall not be dismissed on the ground of limitation and shall be adjudicated in accordance with law after giving a personal hearing to the Petitioners. The Petitioner shall be afforded a hearing and hearing notice shall be served on the following email address and mobile number:
● Email Address: [email protected]
● Mobile No.: +91 7011359907
The gold items produced today have been returned to the concerned official from the Customs Department who is present in Court today.
The petition is disposed of in these terms. All pending applications, if any, are also disposed of.