Ms. Anam v. The Commissioner of Custom

O R D E R %

21.11.2025

¶1This hearing has been done through hybrid mode.

¶2The present petition has been filed by the Petitioner under Article 226 and 227 of the Constitution of India, inter alia, seeking release of the gold bar weighing 240 grams (hereinafter, 'gold bar') which was seized by the Customs Department on 3rd February, 2023.

¶3A brief background of the Petitioner's case is that, the Petitioner is an Indian passport holder bearing No. T2865241 and had travelled from Saudi Arabia to India on 3rd February, 2023. Upon her arrival at the Indira Gandhi International Airport, New Delhi, she was intercepted by the concerned officials of the Customs Department and the gold bar was seized vide detention receipt no. 01511 dated 3rd February, 2023.

¶4The submission on behalf of ld. Counsel for the Petitioner is that no Show Cause Notice was issued to the Petitioner and no personal hearing has This is a digitally signed order. been granted. Thus, the gold bar is liable to be released.

¶5Mr. Tyagi, ld. SSC for the Respondent has produced before the Court, an Order-in-Original which has already been passed in this matter on 22nd February, 2023. Additionally, it is submitted that the writ petition is completely belated.

¶6Heard. The Court has perused the Order-in-Original which also has a dispatch number. The same is taken on record.

¶7Ld. Counsel for the Petitioner submits that the Order-in-Original was not received by the Petitioner, though the address matches with the address given in the memo of parties.

¶8Under these circumstances, since the Petitioner appears to have no knowledge of the Order-in-Original, the only order that the Court is inclined to pass is to deem that the Order-in-Original was served upon the Petitioner today.

¶9Accordingly, let the Petitioner avail of its appellate remedy in accordance with law by filing an appeal by 15th January 2025.

¶10The above order is subject to payment of Rs.25,000/- as costs to the Customs Department, while filing of the appeal by the Petitioner.

¶11Accordingly, the present petition is disposed of in the aforesaid terms.

PRATHIBA M. SINGH, J.

SHAIL JAIN, J. NOVEMBER 21, 2025 kk/sm This is a digitally signed order.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 16719/2025 MS. ANAM .....Petitioner Through: Md. Mobin Akhtar & Mohd. Salman, Advs. (9536800069) versus THE COMMISSIONER OF CUSTOM .....Respondent Through: Mr. Shubham Tyagi, SSC, CBIC CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE SHAIL JAIN