BALWINDER SINGH VIG vs COMMISSIONER OF CUSTOMS

Judgment text excerpt

$~64 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 17th September, 2025 + W.P.(C) 14401/2025 BALWINDER SINGH VIG .....Petitioner Through: Dr. Ashutosh and Ms. Fatima, Advs. versus COMMISSIONER OF CUSTOMS .....Respondent Through: Mr. Adit Khorana (SSC), Ms. Simran Khorana, Adv. 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 Articles 226 and 227 of the Constitution of India, inter alia, seeking the Customs Department to release the Petitioner’s gold kada, weighing 150 grams, and issue an appropriate writ directing the Customs Department to not demand warehousing charges from the Petitioner. 3. A brief background of the Petitioner’s case is that, Petitioner is a resident of the United Kingdom, holding a British passport. On 27th February, 2024 he arrived in India, and was intercepted by the Customs Department. Thereafter, a gold kada weighing 150 grams, and a pair of gold bracelets weighing 80 grams were detained by the Customs Department vide detention receipt dated 27th February 2024 (appraised on 28th February 2024). 4. After the detention of the gold items, an Order-in-Original dated 8th March 2024 was passed by the Joint Commissioner of Customs (hereinafter Signature Not Verified Signed By:SUNITA W.P.(C) 14401/2025 Page 1 of 7 KUMARI Signing Date:22.09.2025 17:43:34 ‘OIO’) directing absolute confiscation of the gold kada, but the gold bracelets were released, subject to payment of redemption fine for the purpose of re- export. The operative portion of the order reads as under: “ORDER (i) I deny the 'Free Allowance' if any admissible to the passenger Mr. Balwinder Singh Vig for the various acts of commission a