RAMDIYA VERMA vs COMMISSIONER OF CUSTOMS NEW DELHI & ANR.

Judgment text excerpt

$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 1st April, 2025 + W.P.(C) 4004/2025 & CM APPL. 18603/2025 RAMDIYA VERMA .....Petitioner Through: Mr. D.S. Chadha, Adv. (M:9818563676) versus COMMISSIONER OF CUSTOMS NEW DELHI & ANR. .....Respondents Through: Ms. Anushree Narain, SSC with Mr. Ankit Kumar, Adv. CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE RAJNEESH KUMAR GUPTA Prathiba M. Singh, J. (Oral) 1. This hearing has been done through hybrid mode. CM APPL. 18603/2025 (for exemption) 2. Allowed, subject to all just exceptions. Application is disposed of. W.P.(C) 4004/2025 3. The present petition has been filed by the Petitioner- Mr. Ramdiya Verma under Article 226 of the Constitution of India inter alia seeking release of his gold kada detained by the Respondent No.1 - Commissioner of Customs vide Detention Receipt No. DR/INDEL4/25-0502023/001949 dated 25th May 2023 (hereinafter, ‘detention receipt’). 4. The case of the Petitioner is that he is a resident of Kurukshetra, Haryana and he had got made a gold kada in 2019, from the gold which his mother had given to him. The Petitioner travelled to Bangkok and returned W.P.(C) 4004/2025 Page 1 of 4 Signature Not Verified Signed By:RAHUL Signing Date:02.04.2025 15:56:28 back to Delhi on 25thMay, 2023. Upon arrival, the Petitioner was intercepted at the Indira Gandhi International Airport, New Delhi (hereinafter, ‘IGI Airport’) by the concerned officials of the Custom Department. The said kada was seized by the Customs Department and a detention receipt for the same was also issued. The Order-in-Original was then passed by the Authority on 14th June, 2023. The operative portion of the said order reads as under: “ ORDER i) I deny the ‘Free Allowance' if any admissible to the passenger, Mr. Ramdiya Verma for the v