MUBINA vs COMMISSIONER OF CUSTOMS

Judgment text excerpt

$~55 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 8th July, 2025 + W.P.(C) 9269/2025 MUBINA .....Petitioner Through: Dr. Ashutosh & Ms. Fatima, Advs. versus COMMISSIONER OF CUSTOMS .....Respondent Through: Mr. Akshay Amritanshu, Sr. Standing Counsel with Ms. Drishti Saraf & Mr. Sarthak Srivastava Advs. 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 under Articles 226 and 227 of the Constitution of India, inter alia, seeking release of the two gold bangles weighing 117 grams (hereinafter, ‘detained jewellery’), seized by the Customs Department vide Detention Receipt dated 20th September, 2023. 3. The case of the Petitioner is that she was travelling from Jeddah to India on 20th September, 2023 after completing her pilgrimage/Umrah at Mecca. Upon her arrival at the Indira Gandhi International Airport, New Delhi, after she crossed the Green Channel, a search was conducted on her person as also her baggage and the jewellery which she was wearing, were seized by the Customs Department. 4. Thereafter, the detained jewellery was apprised in the presence of the advocate of the Petitioner and the total value of the bangles was appraised at Rs. 6,94,715.58/-. 5. It is the case of the Petitioner that no show cause notice had been issued Signature Not Verified Signed By:NAMITA W.P.(C) 9269/2025 Page 1 of 13 DHYANI Signing Date:09.07.2025 16:30:10 with respect to the detained jewellery and no opportunity for personal hearing was granted to the Petitioner. 6. Thereafter, an Order in Original dated 18th January, 2024 was passed, directing absolute confiscation of the detained jewellery of the Petitioner in the following