QAMAR JAHAN vs UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF FINANCE & ORS.

Judgment text excerpt

$~53 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 13th January, 2025 + W.P.(C) 198/2025 QAMAR JAHAN .....Petitioner Through: Mr. Ashish Panday, Adv. (M: 9599437665) versus UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF FINANCE & ORS. .....Respondents Through: Mr. Jagdish Chandra, CGSC-UOI with Mr. Shubham Kumar Mishra, Adv. for R-1/UOI (M: 8512841934) Mr. Shubham Tyagi, SSC-CBIC with Mr. Sunil Kumar, Deputy Commissioner, Mr. Sunil Kumar, ACS, Mr. Mratyunjay Singh Chauhan, ASC Mr. Harpreet Singh, Sr. Standing Counsel along with Ms. Suhani Mathur and Mr. Shivang Chawla, Advs. for Customs Department (M: 9811253531) 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 and 227 of the Constitution of India, inter alia, challenging the Order-in-Original dated Signature Not Verified Digitally Signed By:PRAMOD W.P.(C) 198/2025 Page 1 of 6 KUMAR VATS Signing Date:16.01.2025 13:14:53 6thFebruary, 2024, and Order-in-Appeal dated 23rdSeptember, 2024, passed by the Joint Commissioner of Customs and the Commissioner of Customs (Appeals), respectively. 3. Vide impugned Order-in-Original the adjudicating authority, inter alia, ordered confiscation of two gold kadas and one gold chain of the Petitioner. Further, the Petitioner was also directed to pay a redemption fine of Rs. 75,000/- and a personal penalty of Rs. 1,10,000/- in terms of the Customs Act, 1962. The Petitioner appealed the said Order-in-Original and on 24th September, 2024, the Commissioner of Customs (Appeals) dismissed the said appeal filed by the Petitioner. 4. On the last date of hearing i.e., 9th January, 2025, after considering the facts of the case, the Cou