ROHIT ARORA vs COMMISSIONER OF CUSTOMS

Judgment text excerpt

$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 27th October, 2025 + W.P.(C) 16228/2025 ROHIT ARORA .....Petitioner Through: Ms. Richa Kumari and Mr. Pawan, Advs. versus COMMISSIONER OF CUSTOMS .....Respondent Through: Mr. Atul Tripathi SSC CBIC with Ms. Jyotsana, Adv. (M: 9560018960) 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 of the Constitution of India, inter alia, seeking execution of the Order-in- Appeal dated 15th July, 2025 passed by the Commissioner of Customs (Appeals), New Customs House, IGI Airport, New Delhi (hereinafter, ‘Order-in-Appeal’). 3. A brief background of the Petitioner’s case is that, the Petitioner had travelled to Dubai for an official meeting, as he is working in a Multi-National Company. Upon his arrival, on 18th May, 2024, at Indira Gandhi International Airport, Terminal-3 New Delhi, he was intercepted by the concerned officials of the Customs Department and one gold kada and one gold chain weighing a total of 52 grams (hereinafter, ‘seized jewellery’) was seized by the Customs Department, vide detention receipt dated 18th May, 2024. The seized W.P.(C) 16228/2025 Page 1 of 5 Signature Not Verified Digitally Signed By:RAHUL Signing Date:28.10.2025 16:32:42 jewellery was appraised on 31st May, 2024 4. Thereafter, an Order-in-Original dated 19th December, 2024 was passed by the Assistant Commissioner of Customs, IGI Airport, T-3, New Delhi (hereinafter, ‘OIO’). In terms of the said order, the Petitioner was declared as an ineligible passenger, and absolute confiscation of the seized jewellery along with penalty was directed. The operative portion of the OIO reads as