Delhi HC directs Commissioner of Customs to Release Seized Gold [Read Order]
The court found that in the absence of any stay or challenge to the appellate order, there was no impediment to its implementation.
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The Delhi High Court has directed the Commissioner of Customs to implement an Order-in-Appeal for the release of seized gold, holding that the authorities' inaction for over three months was unjustified.
The petitioner, Rohit Arora, had 52 grams of gold jewellery seized by customs at IGI Airport, New Delhi. An Order-in-Original dated 19th December, 2024, led to the absolute confiscation of the gold and a penalty of Rs. 55,000. Subsequently, the Commissioner of Customs (Appeals) passed an Order-in-Appeal on 15th July, 2025, setting aside the confiscation and directing the release of the goods upon payment of a reduced redemption fine and penalty of Rs. 35,000 each.
The Petitioner had travelled to Dubai for an official meeting, as he is working in a Multi-National Company. Upon his arrival, on 18th May, 2024, at Indira Gandhi International Airport, Terminal-3 New Delhi, he was intercepted by the concerned officials of the Customs Department and one gold kada and one gold chain weighing a total of 52 grams (‘seized jewellery’) was seized by the Customs Department vide detention receipt dated 18th May, 2024. The seized jewellery was appraised on 31st May, 2024.
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The petitioner filed the present writ petition seeking the execution of the Order-in-Appeal. Counsel for the petitioner argued that the order had not been implemented despite the passage of more than three months. The respondent's counsel, accepting notice, submitted that he had no instructions on the matter.
A division bench comprising Justice Prathiba M. Singh and Justice Shail Jain observed that a significant period had elapsed since the passing of the Order-in-Appeal. The court found that in the absence of any stay or challenge to the appellate order, there was no impediment to its implementation.
In view of the unjustified delay, the court directed that the Order-in-Appeal be given effect to within two weeks. The court also ordered a 50% reduction in warehouse charges, to be calculated based on the rates applicable on the date of detention, and appointed a Nodal Officer to facilitate compliance.
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