Customs Dept. Detained Gold Chain of NRI  without proper SCN or Hearing: Delhi HC Directs to Release Chain [Read Order]

The customs department has been ordered by the Delhi High Court to release the gold chains of non-resident Indians (NRIs) who traveled from the United Arab Emirates to attend a wedding.

The customs agency has not given the petitioner a Show Cause Notice or a Proper Hearing, according to the bench's observations of Justice Prathiba M. Singh and Justice Rajneesh Kumar Gupta. The ruling compelling the petitioner-NRI to redeem the gold chain upon payment of Rs. 25,000 for re-export and a penalty of Rs. 20,000 is unsustainable because the gold chain was obviously personal jewelry.

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Rahul Vattamparambil Remesh,the petitioner has been filed by the Petitioner under Article 226 of the Constitution of India seeking release of the Gold jewellery which has been detained by the Respondent – Customs Department. The Petitioner is an Indian who is employed in the UAE.

In order to attend a marriage ceremony, the petitioner had arrived at Terminal-3 of the IGI Airport in New Delhi.  Additionally, the invitation card for the Guruvayur marriage ceremony is recorded as Annexure P-3.  On April 9, 2024, the Respondent/Department allegedly confiscated a 32-gram gold chain that the Petitioner was wearing.

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In many customs cases, it is seen that the counsels either fail to show up or show up without the required guidance.  In nonappearance cases, the Court must ask the in-person Standing Counsels to accept notice.  It is evident from this that the Department and the knowledgeable group of Standing Counsels are not working together.  This kind of behavior is very undesirable and results in a significant waste of court time. 

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According to the contested ruling, the Petitioner is allowed to redeem the gold chain after paying Rs. 25,000 for re-exportation, and a Rs. 20,000 penalty is assessed.  Examining the contested Order-in-Original reveals that it was issued without giving the Petitioner a fair hearing because, in the Department's opinion, the Petitioner has forfeited his right to a personal hearing and a show-cause notice.

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The court ordered that the petitioner's gold item be released in four weeks.  The same will be collected by the petitioner or his designated signatory.  After confirming the petitioner's credentials, the relevant person or agency will release the information.

To Read the full text of the Order CLICK HERE

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