RAZIA BEGUM vs COMMISSIONER OF CUSTOMS

Judgment text excerpt

$~106 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 16th July, 2025 + W.P.(C) 10045/2025 RAZIA BEGUM .....Petitioner Through: Ms. Richa Kumari, Advocate. versus COMMISSIONER OF CUSTOMS .....Respondent Through: Mr. Akshay Amritanshu, SSC with Ms. Drishti Saraf, Ms. Drishti Rawal and Mr. Sarthak Srivastava, Advocates. CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE RAJNEESH KUMAR GUPTA JUDGMENT Prathiba M. Singh, J. 1. This hearing has been done through hybrid mode. 2. The present petition has been filed by the Petitioner under Article 226 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 23rd March, 2024. 3. The case of the Petitioner is that she was travelling from Saudi Arabia to India on 23rd March, 2023 after completing her pilgrimage/Umrah at Mecca. Upon her arrival at the Indira Gandhi International Airport, New Delhi, the jewellery which she was wearing, were seized by the Customs Department. Thereafter, the detained jewellery was apprised in the presence Signature Not Verified Signed By:NAMITA W.P.(C) 10045/2025 Page 1 of 13 DHYANI Signing Date:18.07.2025 17:56:07 of the Petitioner. 4. It is the case of the Petitioner that no show cause notice had been issued with respect to the detained jewellery and no opportunity for personal hearing was granted to the Petitioner. 5. Thereafter, an Order in Original dated 06th November, 2024 was passed, directing absolute confiscation of the detained jewellery of the Petitioner in the following terms: “ ORDER i) I deny ‘Free Allowance’ if any, admissible to the Pax Ms. Razia Begum for not declaring the detained goods to the Proper Officer at Red Channel well to the Customs