Customs to Release Seized Gold within Two Weeks: Delhi HC Enforces OIO, Limits Warehousing Charges to Pre-Order Period [Read Order]

The Delhi High Court has directed the Customs Department to give effect to an adjudication order permitting release of seized gold items, clarifying that no warehousing charges can be levied for the period following the date of adjudication.

The Court noted that Ramesh Kumar Jangir, a passenger arriving from Kuwait, had approached the Court seeking release of a gold chain and two gold pieces detained at IGI Airport in February 2024. He submitted that he had voluntarily entered the red channel to declare the items, willing to discharge duty, yet the Customs Department neither passed timely orders nor released the goods despite adjudication already being completed in his favour.

The Customs Department contended that the initial detention was in accordance with the Baggage Rules, 2016 and the seized items had been duly appraised. It also stated that an Order-in-Original dated July 29, 2025, had adjudicated the matter and had been accepted by the Department, permitting release upon fulfilment of duty and statutory dues.

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The Bench, comprising Justice Prathiba M. Singh and Justice Shail Jain, observed that the OIO had categorised the gold chain as personal effects liable to be released without duty, while the two gold pieces could be released upon payment of customs duty, and no penalty had been imposed. Once the Department confirmed acceptance of this order, the Court held that there was no reason to delay its implementation.

The Court directed that the OIO be implemented within two weeks and clarified that no warehousing charges shall be payable for the period after July 29, 2025, although charges for the period prior to adjudication would continue to apply.

The petitioner has been directed to appear before the competent Customs authority on the scheduled date, and the designated nodal officer has been instructed to ensure smooth compliance.

The petition was accordingly disposed of with directions for immediate release of the detained gold items in accordance with the adjudication order.