DILBER BAZAROVA vs UNION OF INDIA & ANR.

Judgment text excerpt

$~55 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 27th March, 2025 + W.P.(C) 1189/2025 DILBER BAZAROVA .....Petitioner Through: Mr. Ashish Panday, Mr. Ajay Singh, Mr. Anshuman Gupta, Advs. versus UNION OF INDIA & ANR. .....Respondents Through: Ms. Anushree Narain, 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 writ petition has been filed under Articles 226 and 227 of the Constitution of India seeking quashing of the impugned Order-in-Original dated 22nd August, 2024, whereby the Joint Commissioner of Customs, IGI Airport, New Delhi has directed confiscation of the seized gold articles from the Petitioner along with penalty. 3. It is the case of the Petitioner that she is a foreign national who arrived in India on 20th July, 2023. She was intercepted at the IGI Airport, New Delhi on the same date and a search of her belongings was conducted by the Customs Department. Out of the said search, a gold-colored chain, a copper- colored chain, metal rings, etc. were confiscated by the Customs Department. The details of the seized articles are as under: “1. One (01) copper colored chain, One (01) golden colored chain, Four (04) yellow metal coins, one (01) yellow metal ring, Two (02) yellow metal bracelets (Total weighting 281 gms) recovered from the Pax'” Signature Not Verified Signed By:RAHUL W.P.(C) 1189/2025 Page 1 of 2 Signing Date:02.04.2025 11:11:51 4. The total market value of the seized articles was assessed at Rs.14,09,543/- and the said articles weighed 280 gms. 5. The Joint Commissioner of Customs had issued a show cause notice dated 17th January, 2024 which was adjudicated and the impugned Order-in- Original has been passed by which the