Did the Delhi HC Order the Release of Seized Gold Jewellery?
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Synopsis
In a recent ruling, the Delhi High Court has ordered the release of seized gold jewellery from two Delhi travellers, highlighting the importance of due process and verification in customs cases. The court imposed fines, ensuring accountability while clarifying the legal obligations of customs authorities.
Key Takeaways
- The Delhi High Court mandated the release of seized gold jewellery from two Delhi-based travellers.
- Petitioners are required to pay customs duties and warehousing charges.
- The gold items were found to be brand new, contradicting the petitioners' claims.
- The customs department did not issue a timely show-cause notice.
- Key deadlines for payments and appearances have been set by the court.
New Delhi, Dec 2 (NationPress) The Delhi High Court has ordered the release of two pieces of gold jewellery taken from two travellers based in Delhi, while mandating that the petitioners pay the full customs duty and all applicable warehousing charges from the date of the items' seizure.
A panel consisting of Justices Prathiba M. Singh and Renu Bhatnagar has levied a cost of Rs. 10,000 on each petitioner for creating an impression that the jewellery was old, when in fact, it was brand new.
The petitioners contended that the 200 grams of gold jewellery—a chain and a kada—were old ornaments they wore during their travels from Dubai and were seized at the Indira Gandhi International Airport in February 2023. However, upon examining the items, the Delhi High Court found their claim to be untrue.
“After reviewing the gold items, it is evident that these are not used gold jewellery of the petitioners, but are in fact completely new jewellery,” noted the Bench led by Justice Singh.
Additionally, the Court observed that the Customs Department did not issue a show-cause notice (SCN) within the mandated time frame as per Section 110 of the Customs Act.
“The one-year period has lapsed, thus rendering the issuance of an SCN impossible at this stage. The ongoing detention of the seized gold items is therefore unlawful, and they should be released to the petitioners,” stated the Delhi High Court.
While ordering the release, the Bench laid down two conditions: first, that the full customs duty must be paid, and second, that “all applicable warehousing charges as of the date of detention” must be settled.
The petitioners or their representatives are required to appear before Customs authorities on December 23. The Delhi High Court has also instructed that the designated nodal officer, Superintendent Mukesh Gulia, “will assist the petitioners in appearing before the appropriate authority.”
“The payment should be completed by December 15, 2025, and proof of payment must be presented to the Customs Authority on December 23, 2025, upon which the release will be executed. The petitioners should liaise with the nodal officer for this process,” concluded the Justice Singh-led Bench, thus resolving the petitions.
Point of View
The Delhi High Court's ruling emphasizes the need for clear compliance with customs regulations. It is crucial that authorities uphold the law while ensuring fairness for individuals, thereby reinforcing trust in our judicial system.
NationPress
02/12/2025
Frequently Asked Questions
What was the reason for the seizure of the gold jewellery?
The gold jewellery was seized under customs regulations as the travellers claimed it was old, but the court found it to be brand new.
What are the conditions for the release of the jewellery?
The petitioners must pay the full applicable customs duty and all warehousing charges as stipulated by the court.
When must the payment be made for the release of the jewellery?
The payment must be completed by December 15, 2025.
What did the court say about the customs department’s actions?
The court noted that the customs department failed to issue a show-cause notice within the required timeframe, rendering the continued detention of the jewellery unlawful.
When are the petitioners required to appear before customs authorities?
The petitioners or their representatives must appear before customs authorities on December 23.
