MS GULZAN ORAZGULYYEVA vs THE COMMISSIONER OF CUSTOMS & ANR.

Judgment text excerpt

$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 29th May, 2025 + W.P.(C) 3550/2025 MS GULZAN ORAZGULYYEVA .....Petitioner Through: Mr. S Vijay Kanth, Adv. versus THE COMMISSIONER OF CUSTOMS & ANR. .....Respondents Through: Ms. Anushree Narain, SSC with Mr. Ankit Kumar, 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 Article 226 of the Constitution of India seeking release of the jewellery detained by the Customs Department vide Detention Receipt dated 12th September, 2024. 3. It is the case of the Petitioner that she is a citizen of Turkmenistan and holding a Turkmenistanian passport. The Petitioner was traveling from Turkmenistan to India with her husband for medical treatment on 12th September, 2024. The Customs Department intercepted her upon her arrival at the Indira Gandhi International Airport, New Delhi and gold jewellery, which according to her were old and used ornaments gifted by family members during her marriage were seized. 4. The gold jewellery seized consisted of one gold chain and two gold bracelets weighing about 246 grams (hereinafter “the detained jewellery”). Signature Not Verified Digitally Signed W.P.(C) 3550/2025 Page 1 of 9 By:RAHUL Signing Date:02.06.2025 16:21:34 According to the Petitioner, no show cause notice has been issued in respect of such seizure till date. 5. Medical records pertaining to the Petitioner’s health have also been placed on record along with the petition. 6. On 21st March, 2025, notice was issued in this matter. Ld. Counsel for the Respondent has today submitted that the Order-in-Original has been passed which is dated 22nd January, 2025. The said order is sta