SHAMINA vs COMMISSIONER OF CUSTOMS

Judgment text excerpt

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 23rd July, 2025 + W.P.(C) 7230/2025 & CM APPL. 42345/2025 SHAMINA .....Petitioner Through: Dr. Ashutosh, Ms. Fatima and Mr. Prewez, Advocates. versus COMMISSIONER OF CUSTOMS .....Respondent Through: Mr. Aakarsh Srivastava, SSC with Mr.Anand Pandey, Adv. 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-Shamina under Articles 226 and 227 of the Constitution of India, inter alia, seeking release of the four gold bangles of the Petitioner, weighing 100 grams, which have been detained by the Customs Department vide detention receipt bearing no. 4019 dated 19th March 2024. An Order-in-Original dated 9th October 2024 (hereinafter, ‘impugned order’) has been passed by which absolute confiscation of the four gold bangles has been ordered. The operative portion of the impugned order reads as under: “i) I deny the 'Free Allowance', if any, admissible to the Pax Signature Not Verified Signed By:NAMITA W.P.(C) 7230/2025 Page 1 of 10 DHYANI Signing Date:28.07.2025 17:33:09 Shamina for not declaring the detained goods to the Proper Officer at Red Channel as well to the Customs Officer at Green Channel who intercepted her and recovered the detained goods from her. ii) I declare the passenger Shamina as an "ineligible Passenger" for the purpose of the Notification No. 50/2017- Customs dated 30.06.2017 (as amended) read with Baggage Rules, 2016 (as amended). iii) I order absolute confiscation of Four Gold bangles having average purity 998 with gross and net weight 100 grams having Assessable value Rs.6,27,900/- recovered from the Pax Shamina and detained vide DR No.DR/INDEL4/l