RAMESH KUMAR JANGIR vs COMMISSIONER OF CUSTOMS

Judgment text excerpt

$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 4th April, 2025 + W.P.(C) 4273/2025 RAMESH KUMAR JANGIR .....Petitioner Through: Ms. Richa Kumari, Mr. Pawan, Mr. Ravi Rathore and Mr. Yatin Bhutani, Advs. (M:8766321884) versus COMMISSIONER OF CUSTOMS .....Respondent Through: Ms. Anushree Narain, SSC with Mr. Ankit Kumar, Adv. (Mob:9910014337) CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE MANOJ JAIN Prathiba M. Singh, J. (Oral) 1. This hearing has been done through hybrid mode. 2. The present petition has been filed by the Petitioner – Mr. Ramesh Kumar Jangir under Article 226 of the Constitution of India, inter alia, seeking release of the gold items being one gold chain weighing 51 grams and two gold pieces weighing 65 grams each (hereinafter, ‘items’) seized by the Respondent- Commissioner of Customs vide Detention Receipt No. 3853 dated 23rd February 2024 (New Detention Receipt No. 52956 dated 27th February 2024). 3. The case of the Petitioner is that he is a citizen of India as also a private sector worker in Kuwait. He returned from Kuwait on 23rd February, 2024 by Flight No.AI-90. The Petitioner was in possession of the said items. 4. According to the Petitioner, he had gone to the red channel to declare the said gold pieces. However, the said gold items were detained and the detention receipt was also issued. Thereafter, the gold items have also been Signature Not Verified Signed By:KESHAV Signing Date:08.04.2025 W.P.(C) 4273/2025 Page 1 of 2 12:34:50 appraised by the Customs Department. 5. The grievance of the Petitioner is that no order has been passed by the Customs Department till date. The Petitioner is willing to pay the customs duty as payable on the said gold pieces. Further, in the opinion of this Court the gold chain could be considered as a