LAXMI CHAUHAN vs COMMISSIONER OF CUSTOMS AIRPORT AND GENERAL & ANR.

Judgment text excerpt

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 23rd July, 2025 + W.P.(C) 8244/2025 LAXMI CHAUHAN .....Petitioner Through: Mr. Anmol Agarwal & Mr. Puru, Advs. (M: 9013215235) versus COMMISSIONER OF CUSTOMS AIRPORT AND GENERAL & ANR. .....Respondents Through: Mr Akash Verma, Sr. Standing Counsel, CBIC with Ms. Aanchal Uppal, Adv. (M:9697980007) CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE RAJNEESH KUMAR GUPTA Prathiba M. Singh, J. (Oral) 1. This hearing has been done through hybrid mode. 2. The present petition has been filed by the Petitioner-Laxmi Chauhan under Article 226 of the Constitution of India inter alia assailing the detention order dated 2nd May, 2023 (hereinafter, the ‘detention order’), vide which, goods of the Petitioner being, one gold chain and two gold bangles, totally weighing around 200 grams were seized by the Customs department. Background of the case: 3. A brief background of the present case is that the Petitioner was travelling from Dubai to India on 2nd May, 2023. The Petitioner was wearing the jewellery being, one gold chain and two gold bangles, totally weighing 200 grams. Thereafter, while crossing the green channel, the Petitioner was intercepted by the Custom officials and the said jewellery was detained vide detention recipient No. DR/INDEL4/02-05-2023/001784 dated 2nd May, Signature Not Verified W.P.(C) 8244/2025 Page 1 of 7 Digitally Signed By:RAHUL Signing Date:25.07.2025 17:10:51 2023. Further, on 1st August, 2023 the Petitioner signed a pre-filled waiver form, which according to the Respondents, waives of the right of the Petitioner to a Show Cause Notice. 4. The confiscation of the goods of the Petitioner, vide the detention order, was upheld by the Order-in-Original dated 25th September, 2023 and a penalty to the tune o