PUJA KUMARI vs COMMISSIONER OF CUSTOMS

Judgment text excerpt

$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 17th November, 2025 + W.P.(C) 10491/2025 PUJA KUMARI .....Petitioner Through: Dr. Ashutosh, Ms. Fatima & Mr. Pravej Hasan, Advs. versus COMMISSIONER OF CUSTOMS .....Respondent Through: Mr. Adit Khorana, SSC with Ms. Aakanksha Kaul & Ms. Simran Khorana, Advs. CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE SHAIL JAIN Prathiba M. Singh, J. (Oral) 1. This hearing has been done through hybrid mode. 2. The present petition under Article 226 of the Constitution of India has been filed by the Petitioner inter alia seeking release of two gold bangles and two i- phones (hereinafter, ‘the detained articles’) which were detained by the Customs Department when the Petitioner travelled from Dubai to India on 10th October, 2023. 3. It is the case of the Petitioner that she got married in February, 2023 and had gone to Dubai to stay with her husband. The detained articles, according to the Petitioner, were received as gifts for her marriage. Pursuant to the said detention on 10th October, 2023, an order-in-original was passed on 19th December, 2023 (hereinafter, ‘the OIO’), as per which absolute confiscation of Signature Not Verified Digitally Signed By:RAHUL W.P.(C) 10491/2025 Page 1 of 5 Signing Date:18.11.2025 18:40:49 detained articles was directed in the following terms: “i) I deny the 'Free Allowance' if any, admissible to the Pax Ms. Puja Kumari 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 Ms. Puja Kumari "an ineligible Passenger" for the purpose of the Notification No. 50/2017-Cus dated 30.06.2017 (as amended) read with Baggage Rules, 2016 (as amended); i