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HIGH COURT OF DELHI
Date of Decision: 14th July, 2025
RAKESH KUMAR JAT .....Petitioner
Through: Dr. Ashutosh, Ms. Fatima & Ms. Pravej Hasan, Advs.
Through: Mr. Harpreet Singh, SSC, CBIC.with Mr. Jai Ahuja, Adv.
Prathiba M. Singh, J. (Oral)
JUDGMENT
1. This hearing has been done through hybrid mode.
2. The present petition has been filed by the Petitioner- Rakesh Kumar Jat under Article 226 and 227 of the Constitution of India, inter alia, assailing the Order-in-Original dated 27th May 2025 passed by the Office of Commissioner of Customs (hereinafter, ‘impugned order’). The present petition further seeks release of one uneven shaped gold cut piece, weighing 64 grams, of the Petitioner (hereinafter, ‘gold piece’) which was seized by the Respondent vide detention receipt bearing no. 52619 dated 26th April, 2024.
3. The case of the Petitioner, who is an Indian citizen, is that he is residing and working in Kuwait having a valid ‘State of Kuwait Civil ID Card’ bearing no. 294082102954. According to the Petitioner, he was travelling to New Delhi by flight no. JE-409 on 26th April, 2024. Upon arrival at the Indira Gandhi International Airport, New Delhi, the said gold piece of the Petitioner was detained by the Customs Department.
4. Ld. Counsel for the Petitioner submits that there was no Show Cause Notice which was issued to the Petitioner and without the same being issued, the impugned order has been passed. According to the Petitioner, he had appointed an Authorized Representative to appear before the Customs Department and seek release of the said gold piece in terms of the impugned order. However, the same was not permitted. Hence, this petition.
5. Ld. Counsel for the Petitioner further submits that the Petitioner is an eligible passenger and is willing to re-export the gold piece. Hence the same deserves to be released.
6. Mr. Harpreet Singh, ld. Senior Standing Counsel appearing for the Customs Department submits that the Department is willing to give effect to the impugned order dated 27th May, 2025.
7. Heard ld. Counsel for the parties. The impugned Order-in-Original dated 27th May 2025 directs as under:
8. Since the Petitioner has already agreed to abide by the impugned order, let the impugned order be given effect to by the Customs Department within a period of two weeks from now and the said gold piece shall be released to the Petitioner upon the payment of the amounts in terms of the said order.
9. Accordingly, the Petitioner shall appear before the Customs Department and may collect the detained gold item through an Authorised Representative, in which case, the detained item 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.
10. In the facts of this case, 50% warehousing charges shall also be liable to be paid by the Petitioner.
11. Petition is disposed of in these terms. All pending applications, if any, are also disposed of.
PRATHIBA M. SINGH JUDGE RAJNEESH KUMAR GUPTA JUDGE JULY 14, 2025 Rahul/ck