Ramdiya Verma v. Commissioner of Customs New Delhi & Anr.

1. The hearing has been done through hybrid mode. CM APPL. 54069/2025

2. The present petition has been filed by the Petitioner- Mr. Ramdiya Verma under Article 226 of the Constitution of India inter alia seeking release of his gold kada detained vide Detention Receipt No. DR/INDEL4/25-0502023/001949 dated 25th May 2023 (hereinafter, ‘detention receipt’) by Commissioner of Customs.

3. The case of the Petitioner is that he is a resident of Kurukshetra, Haryana and he had got made a gold kadain 2019, from the gold which his mother had given to him. The Petitioner travelled to Bangkok and returned back to Delhi on 25th May, 2023. Upon arrival, the Petitioner was intercepted at the Indira Gandhi International Airport, New Delhi (hereinafter, ‘IGI Airport’) by the concerned officials of the Custom Department. The said kada was seized by the Customs Department and a detention receipt for the same was also issued. The Order-in-Original was then passed by the Authority on 14th June, 2023. The operative portion of the said order reads as under: “ ORDER i) I deny the ‘Free Allowance' if any admissible to the passenger, Mr. Ramdiya Verma for the various acts of commission and omission; ii) I declare the passenger, Mr. Ramdiya Verma is 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): iii) I order confiscation of the "One gold Kada having purity 995 total weighing 250.04 gms. valued at Rs. 14,03,849.58 recovered from the Pax Mr. Ramdiya Verma and detained vide DR No. DR/INDEL4/25.05.2023/001949 Dated 25.05.2023, under Section 111 of the Customs Act, 1962; iv I give an option to redeem the goods confiscated above, on payment of a fine of Rs. 2,10,000/- (Rupees Two Lakh ten Thousand only) under Section) 125 of Customs Act, 1962, along with applicable rate of Customs Duty applicable as on the date of detention of seized goods. I allow release of the detained goods within 120 days of issue of this order under Section 125(3) of the Customs Act, 1962). The redemption to be allowed after the completion of legal formalities in this regard and also fulfillment of any regulatory clearances/ approvals required. The offer of redemption, if accepted, shall be subject to condition that the Passenger shall not dispute the identity and valuation of the goods. The offer of redemption shall cease after 120 days of the receipt of this order. v) 1 also impose a penalty of Rs.1,50,000/~ (Rupees One Lakh Fifty Thousand only) on the passenger Mr. Ramdiya Verma under Section 112(a) & 112(b) of the Customs Act, 1962.”

4. The appeal against the said order dated 14th June 2023 has also been dismissed by the Appellate Authority.

5. On 1st April, 2025, the following order was passed:

“

6. Thereafter, an Application has been moved being CM.APPL. 54069/2025 on the ground that the Revision Petition is decided in favour of the Petitioner but the same was not been given effect to.

7. The Order in the Revision Petition is as under:

that the applicant was admittedly not in Bangkok on the date of this alleged invoice which further undermines its credibility.”

8. At that stage, the Court was clearly of the opinion that the goods were liable to be released to the Petitioner due to the ambiguity in the Order of the Revisional Authority, (in Para 11 & 12), which reads as under:

11. In view of the facts and circumstances of the case and the evidence on record, the Government is inclined to set aside the OIA and grant relief to the Applicant.

12. The Revision Application is accordingly allowed.”

9. Accordingly, on 26th November,2025 the Department wanted to obtain a clarification of the order of Revisional authority. The following directions were issued: