SITA DEVI vs COMMISSIONER OF CUSTOMS

Judgment text excerpt

$~52 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 19thNovember, 2025 Uploaded on: 21st November, 2025 + W.P.(C) 17522/2025 SITA DEVI .....Petitioner Through: Dr. Ashutosh, Ms. Fatima, Advs. versus COMMISSIONER OF CUSTOMS .....Respondent Through: Mr. Atul Tripathi, SSC, CBIC, Mr. Shubham Mishra, Mr. Gaurav Mani Tripathi, Mr. AkshaySagar, 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 has been filed by the Petitioner under Article 226 and 227 of the Constitution of India, inter alia, seeking release of the gold items which were detained by the Customs Department. 3. A brief background of the Petitioner’s case is that, the Petitioner is a Thailand Passport holder who had travelled from Bangkok to India on 9th January, 2024. Upon her arrival at the Indira Gandhi International Airport, New Delhi, she was intercepted by the concerned officials of the Customs Department and the jewellery that she was wearing, consisting of one gold chain weighing 76 grams and two goldkadas together weighing 152 grams(hereinafter, ‘gold items’) were seized by the Customs Department vide detention receipt dated 9th January, 2024 Signature Not Verified Signed By:TANISHKA W.P.(C) 17522/2025 Page 1 of 4 GUPTA Signing Date:21.11.2025 17:00:19 4. After the said seizure, the matter was adjudicated by the Adjudicating Authority and an Order-in-Original was passed on 18th January, 2024 (hereinafter, ‘Order-in-Original’). By the said order, the Petitioner was permitted to re-export the gold items, subject to payment of redemption fine of Rs.2,20,000/- and personal penalty of Rs.1,40,000/-. The Order-In- Original reads as under:- “ORDER i) I deny the 'Free Allowance' if any admi