Gold of Turkish Nationals Came for Medical Treatment Seized: Delhi HC orders Re-export, Directs Warehouse Charges at Detention-Date Rates [Read Order]

The High Court of Delhi has directed the Customs Department to implement an earlier adjudication order permitting the re-export of seized gold jewellery, holding that the delay in payment of redemption fine attributable to the Covid-19 limitation suspension period cannot defeat the substantive relief granted in favour of the traveller.

The petitioner, Nazarmammet Nuryyyalev, a national of Turkmenistan, had arrived in India for the medical treatment of his wife while wearing two gold chains and two gold bracelets weighing 540 grams. The gold jewellery was seized by the Customs authorities after he crossed the green channel at the airport without making the mandatory declaration. This led to confiscation proceedings, culminating in an Order-in-Original.

Through this adjudication order, the Adjudicating Authority observed that the petitioner was not a habitual offender, and that he had brought the jewellery to meet medical expenses. Accordingly, re-export was permitted on payment of redemption fine under Section 125 of the Customs Act, 1962, along with a penalty under Section 112 of the same Act.

In August 2023, the petitioner sought to pay the redemption fine and re-export the jewellery, but the Customs Department rejected his request citing expiry of the time period under Section 125(3) of the Customs Act, 1962.

The petitioner, represented by Pramod Kant Saxena, contended that the delay in arranging payment arose because the Order-in-Original was passed during the Covid-19 period. He argued that the Supreme Court’s order in In Re: Cognizance for Extension of Limitation (Suo Moto Writ Petition (Civil) No. 3 of 2020), excluded the period between 13.03.2020 and 28.02.2022 for limitation purposes. Therefore, the delay in approaching the authorities in August 2023 should not invalidate the relief already granted.

He submitted that the adjudicating authority had expressly allowed re-export and that denying implementation would cause severe hardship, given that the jewellery was brought for medical needs and not for commercial gain.

The Division Bench comprising Justice Prathiba M. Singh and Justice Renu Bhatnagar held that the adjudication order permitting re-export should be implemented despite the delayed payment of redemption fine. The Court relied on the Supreme Court’s Covid-19 limitation extension order and noted that although the petitioner approached the Department roughly a year after the extended limitation period ended, his circumstances warranted equitable consideration.

The Bench said that the petitioner had entered India solely for medical treatment of his wife and was not a habitual offender. Since the Adjudicating Authority had already permitted re-export, the Court held that equity and justice required that the order be given full effect.

To balance interests, the Court imposed costs of ₹20,000 to be paid to the Delhi High Court Bar Association, after which the Customs Department was directed to release the seized gold jewellery for re-export. Warehousing charges were to be calculated as per the rates applicable on the date of detention.

The Court also directed the petitioner or his authorised representative to appear before the Customs authorities on 22.12.2025 and appointed a nodal officer to facilitate compliance.

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