NURGOZEL ACHILOVA vs COMMISSIONER OF CUSTOMS

Judgment text excerpt

$~56 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 7th August 2025 + W.P.(C) 10952/2025 NURGOZEL ACHILOVA .....Petitioner Through: Ms. Richa Kumari, Mr. Pawan, Mr. Prashant Chaudhary, Ms. Arti Gupta and Mr. Aman A., Advs. versus COMMISSIONER OF CUSTOMS .....Respondent Through: Mr. Atul Tripathi, SSC, CBIC Adv. with Mr. Gaurav Mani Tripathi & Mr. Shubham Mishra, Advs. CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE SHAIL 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- Nurgozel Achilova under Article 226 of the Constitution of India, inter alia, seeking release of one gold chain weighing 132 grams, and one gold bracelet, weighing 66 grams, (hereinafter, ‘gold items’) of the Petitioner seized by the Customs Department vide detention receipt dated 16th July, 2024. 3. The case of the Petitioner who is a senior citizen and is suffering from impaired vision, is that she is a foreign national and belongs to Turkmenistan. The Petitioner is present in person in Court today. 4. It is submitted on behalf of the Petitioner that she had travelled to India for medical treatment on 16th July, 2024. Upon arrival at the Indira Gandhi International Airport, New Delhi, the Petitioner was intercepted by the Signature Not Verified Digitally Signed W.P.(C) 10952/2025 Page 1 of 15 By:RAHUL Signing Date:11.08.2025 18:37:33 concerned Customs officials and the said gold items were detained by the Customs Department. 5. After the appraisal of the gold items, the Order-in-Original was passed by the Customs Department on 26th September 2024. The operative part of the said Order-in-Original reads as under: “ORDER (i) I deny the ‘Free Allowance' if any admissible to the passenger Ms Nurgozel Achilova