Full Text
HIGH COURT OF DELHI
Date of Decision: 18th August, 2025
SANYAM KUMAR & ORS. .....Petitioners
Through: Mr. D S Chadha, Ms. Harsimran Kaur and Ms. Prabjyoti K. Chadha, Advs.
Through: Mr. Arun Khatri, SSC
JUDGMENT
1. This hearing has been done through hybrid mode.
2. On 21st May, 2025 the Court had directed release of the detained jewellery of the Petitioners in the following terms:
detained goods shall be released after receiving a proper email from the Petitioner or some form of communication that the Petitioner has no objection to the same being released to the concerned Authorised Representative.”
3. Thereafter, the Petitioner had approached this Court by way of an application being CM APPL. 38857/2025 seeking compliance of the order dated 21st May, 2025. The same was considered on 7th July, 2025 on which date the ld. SSC for the Customs Department had prayed for time to seek instructions. Accordingly, the matter was heard on 23rd July, 2025 on which date the Court was informed that the Customs Department is in the process of filing a Special Leave Petition before the Supreme Court challenging order dated 21st May, 2025 and that the same would be filed within a week. The relevant portion of the order dated 23rd July, 2025 reads as under:
of filing a Special Leave Petition against the order dated 21st May, 2025 and they are awaiting the certified copy of the said order. Ld. SCC has handed over a copy of an email sent by the Customs Department in this regard. Let the same be taken on record.
6. The officials of the Customs Department who are present in Court submit that the said Special Leave Petition is likely to be filed within a week.
7. Accordingly, let a copy of the said Special Leave Petition which is being filed by the Customs Department be placed on record by the next date of hearing.
4. The order 21st May, 2025 has still not been complied with by the Customs Department nor has a copy of the Special Leave Petition preferred been placed on record in terms of the last order. As per the Mr. Arun Khatri, ld. SSC the Customs Department is still in the process of filing the Special Leave Petition.
5. Considering the above position, since the detained jewellery has already been directed to be released vide order dated 21st May, 2025 and the Customs Department has still not preferred the Special Leave Petition against the same, despite the submission made on 23rd July, 2025 that it would be filed within a week, the continued detention of the Petitioner’s personal jewellery would be untenable in law.
6. Accordingly, the gold items of the Petitioner shall be released to the Petitioner in terms of order dated 21st May, 2025. The same shall be subject to the outcome of the Special Leave Petition, if any, preferred by the Department.
7. The release shall take place within two weeks from today. If there are any warehouse charges, the same shall be paid by the Petitioner.
8. The Petitioner shall appear before the Customs Department on 22nd August, 2025. Let the Petitioner contact the following officer who shall assist the Petitioner with requisite procedure: Officer: Mr. Sandeep Lamba, Superintendent, Customs Address: Office of Commissioner, Customs, IGI Airport, Terminal - 3, New Delhi Mob. No: 7405345000 Email: igilegaldelhi@gmail.com
9. The present petition along with pending application stands disposed of.
PRATHIBA M. SINGH JUDGE SHAIL JAIN JUDGE AUGUST 18, 2025 Sk/msh