2025 (4) TMI 465 - HC - Customs

Seeking release of the gold items being one gold chain weighing 51 grams and two gold pieces weighing 65 grams each seized - HELD THAT - The Petitioner is willing to pay the customs duty as payable on the said gold pieces. Further in the opinion of this Court the gold chain could be considered as a personal effect of the Petitioner. Insofar as the gold chain is concerned the same shall be considered as a personal effect of the Petitioner and shall be released to the Petitioner without payment of the customs duty. Insofar as the gold pieces are concerned let the Petitioner appear before the Customs Department and an order be passed bearing in mind the above fact that the Petitioner wanted to declare the said gold pieces and had chosen to go through the red channel. Petition disposed off.

Summary

In the case before the Delhi High Court, the petitioner, Mr. Ramesh Kumar Jangir, filed a petition under Article 226 of the Constitution of India for the release of gold items seized by the Commissioner of Customs. The items included a gold chain weighing 51 grams and two gold pieces weighing 65 grams each. Mr. Jangir, an Indian citizen and private sector worker in Kuwait, returned to India on February 23, 2024, and declared the gold items at the red channel upon arrival. Despite this, the items were detained, and no order had been issued by the Customs Department.The court noted that the gold chain could be considered a personal effect and ordered its release without customs duty. For the gold pieces, the court directed Mr. Jangir to appear before the Customs Department on April 22, 2025, for further proceedings, emphasizing that the petitioner's intention to declare the items should be considered. The court instructed the Department to pass an order in accordance with the law after hearing the petitioner. The petition and any pending applications were disposed of, with all rights and remedies of the parties remaining open.