'Mere Prospect Of Filing Review Not Grounds To Hold Seized Goods': Delhi High Court Orders Customs To Release Woman's Gold Jewellery
The Delhi High Court has granted relief to a Muslim woman whose gold bangles were seized by the Customs Department on return from Mecca and were withheld despite an order of the Adjudicating Authority, directing release.A division bench of Justices Prathiba M. Singh and Shail Jain observed that merely because the Department plans to seek a review of the order for return, as upheld by...
The Delhi High Court has granted relief to a Muslim woman whose gold bangles were seized by the Customs Department on return from Mecca and were withheld despite an order of the Adjudicating Authority, directing release.
A division bench of Justices Prathiba M. Singh and Shail Jain observed that merely because the Department plans to seek a review of the order for return, as upheld by the Appellate Authority, is not grounds to withhold the return of seized articles.
Four gold bangles were seized from the Petitioner on her return to Delhi from Mecca. The Adjudicating Authority however allowed redemption on payment of fine along-with applicable rate of Customs duty. The Department challenged this order but the Appellate Authority dismissed the appeal.
The Petitioner thus moved the High Court seeking enforcement of the said two orders. The Department submitted that it may be filing a review against the said orders.
The High court however said,
“Considering that no review has been filed till date and the Order-in-Appeal has been issued way back on 26th May, 2025, the mere prospect of filing a review cannot be a ground to hold back implementation of these orders.”
The department also contended that the jewellery was seized primarily on the ground that it possessed a purity of 24 carats. It contended that normal gold jewellery does not have such levels of purity, owing to the increased malleability of gold at such levels of purity, rendering it unsuitable for use as jewellery for day-to-day wear.
The High Court however observed that the Petitioner is not a habitual offender and she cannot be presumed to be part of a smuggling syndicate.
Significant to note that the High Court has also on multiple occasions held that jewellery cannot be seized by the Customs Department only on the ground that it is of 24 carat purity.
Under these circumstances, it directed the Department to give effect to the orders of the Adjudicating Authority and release the bangles.
Appearance: Mr. Ashish Panday, Mr. Ajay Singh and Mr. Akshat Raghuvanshi, Advs for Petitioner; Mr. Aditya Singla, SSC, CBIC with Ms. Arya Suresh Nair and Mr. Ritwik Saha, Advs for Respondent
Case title: Ashiya v. Commissioner of Customs
Citation: 2025 LiveLaw (Del) 1022
Case no.: W.P.(C) 12487/2025