GURJANT SINGH vs THE CHIEF COMMISSIONER OF CUSTOMS

Judgment text excerpt

$~61 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 20th February, 2025 + W.P.(C) 1365/2025 & CM APPL. 6659/2025 GURJANT SINGH .....Petitioner Through: Mr. Sumit Sharma, Adv. Versus THE CHIEF COMMISSIONER OF CUSTOMS .....Respondent Through: Mr. Harpreet Singh, SSC with Ms. Suhani Mathur, Adv. CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE DHARMESH SHARMA Prathiba M. Singh, J. (Oral) 1. This hearing has been done through hybrid mode. 2. The present petition has been filed under Article 226 of the Constitution of India seeking issuance of an appropriate writ to amend or review the impugned Compounding Order No. 01/2023 dated 8th May, 2023 passed by the Respondent - Chief Commissioner of Customs, Delhi Preventive Zone, New Customs House, IGI Airport, New Delhi. 3. Vide the impugned order the Respondent has, inter alia, allowed the application of the Petitioner under Section 137 (3) of the Customs Act, 1962 (hereinafter “the Act”) read with Rule 4(3) and 5 of the Customs (Compounding of Offences) Rules, 2005, subject to payment of the compounding amount of Rs. 2,50,000/-, within 30 days of the receipt of the impugned order. Signature Not Verified Digitally Signed W.P.(C) 1365/2025 Page 1 of 4 By:DEVANSHU JOSHI Signing Date:22.02.2025 16:00:40 4. The brief background of the case is that on 1st December, 2019 the Petitioner and another individual namely, Mr. Gurpreet Singh, had arrived on flight No. IX 192 at 1430 hrs at the SGRDJ International Airport, Amritsar. 5. The said persons were found carrying gold weighing 1688.22 grams and 1664.18 grams. The said gold was detained vide Recovery cum Seizure Memo dated 1st December, 2019. The Petitioner was arrested on 2nd December, 2019 and was granted regular bail by the ld. JMFC, Amritsar on 01st February, 2020. 6. A show c