9911796707
TMI Blog2025 (3) TMI 754X X X X Extracts X X X X X X X X Extracts X X X X ..... record. The wedding card of the Petitioner, showing the date of marriage as 21st April, 2024 has also been placed on record. A perusal of the photograph along with the wedding card would itself show that the Petitioner is a bona fide passenger who was travelling to India to attend a wedding ceremony. It is not in dispute as has been recorded by the adjudicating authority that the Petitioner himself is a UAE resident with a proper resident ID. The gold chain has been valued at Rs. 1,76,488/- - The Petitioner being a non-resident is fully entitled to the benefit provided to an eligible passenger under the Baggage Rules, 2016. The goods constitute personal effects of the Petitioner and could not have been seized in the manner the Custom autho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rnational Airport, New Delhi (hereinafter, the 'adjudicating authority') by which, the adjudicating authority has seized the Petitioner's two gold chains with pendants, weighing a total of 49 grams, valued at Rs. 3,15,795/-. 3. A brief background of the present case as stated in the petition is that the Petitioner is a minor aged about 17 years, who was travelling with her family from the United Arab Emirates ('UAE') to Delhi. The Petitioner along with her family, arrived at the Indira Gandhi International Airport, New Delhi on 9th April, 2024. It is stated that the family was travelling to India to participate in a relative's wedding which was to be held in Kerala on 21st April, 2024. Further, on 9th April, 2024 as soon as the Petitioner ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n No. 50/2017-Customs dated 30.06.2017 (as amended) read with Baggage Rules, 2016 (as amended). ⅲ) I order confiscation of the "Two gold chains with pendants having purity 937. weight 49 grams, valued at Rs. 3,15,795/-" recovered from the Pax Gopika Vennankot Govind and detained vide DR No. "DR/INDEL4/10.04.2024/52601 dt. 10.04.2024" under section 111(d), 111(j) and 111(m) of the Customs Act, 1962; iv) I give an option to redeem, the goods confiscated, above, on payment of fine of Rs. 40,000/- (Rupees Forty Thousand Only) under Section 125 of the Customs Act, 1962 and allow the same for re-export from India only by the Pax since the Pax is a holder of valid resident ID No.-784-2007-2059625-1, issuing date 05.06.2023, Expiry date ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e and considered the submissions/ admissions made by the Passenger in her statement dated 10.04.2024. The Pax has also requested waiver of Show Cause Notice and Personal Hearing vide letter dated 22.05.2024 and after accepting her request, I proceed to adjudicate the case." 8. Ld. Counsel for the Petitioner submits that these are small gold chains which the Petitioner used to wear since childhood and the same ought to be returned to the Petitioner. They are her personal effects. 9. A photograph of the Petitioner wearing the said jewellery as a child has also been placed on record. The wedding card showing the date of marriage on 21st April, 2024 has also been placed on record. A perusal of the photographs along with the wedding card woul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... i) Amit Kumar v. The Commissioner of Customs (2025:DHC:751-DB) (ii) Mr. Makhinder Chopra v. Commissioner of Customs, New Delhi, (2025:DHC:1162-DB) iii) Mohamed Shamiuddeen v. Commissioner of Customs & Ors. (2025:DHC:1079-DB). 15. The impugned order dated 7th November, 2024 passed by the adjudicating authority is accordingly quashed. No penalty or redemption fine shall be collected from the Petitioner. No warehousing charges shall also be liable to be collected from the Petitioner. The charges, if any, already deposited shall be refunded to the Petitioner. 16. The gold items of the Petitioner seized by the Custom officials in the present case, may be released within two weeks to the Petitioner or any authorised representative, after ..... X X X X Extracts X X X X X X X X Extracts X X X X
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