Man Seeks Release of Gold Which Already Released Under Earlier Court Order: Delhi HC Imposes ₹3 Lakh Costs [Read Order]

In a recent ruling, the Delhi High Court imposed Rs. 3 lakh costs on a man who filed a writ petition seeking release of gold articles that had already been released under an earlier order of the Court.

Mohit Saxena filed the writ petition seeking release of one gold kada weighing 65 grams and one metal ring weighing 35 grams, which had been detained by Customs on 27 February 2024 while he was travelling from abroad to India.

During the hearing, the court was informed that the same gold articles had already been directed to be released on payment of redemption fine and penalty by an earlier order dated 29 May 2025 in Mohit Saxena v. Commissioner of Customs.

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The court observed that the present petition was misconceived and appeared to have been filed to undermine the authority of the court. It also observed that the petitioner had acted in disregard of the earlier order and had made a false declaration on oath.

The court observed that such conduct could amount to criminal contempt under Section 2(c) of the Contempt of Courts Act. In response to the contempt notice, the petitioner filed an affidavit and appeared before the court with his wife and maternal uncle, who is a practising lawyer.

The petitioner explained that after the gold articles were released under the earlier order, he sold them because of financial hardship and business losses. They further explained that he had hidden this fact from his wife, who was repeatedly asking him about the gold articles and this led him to file the present petition.

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The petitioner’s senior counsel argued that the petitioner had no intention to obtain any benefit from Customs and that he was not resisting the court’s orders. The petitioner’s counsel tendered an unconditional apology and gave an undertaking that he would not repeat such conduct.

The Customs Department argued that the petitioner’s conduct showed an intention to commit criminal contempt and that he should be dealt with strictly under the Contempt of Courts Act.

The Division Bench comprising Justice Nitin Wasudeo Sambre and Justice Ajay Digpaul observed that it was initially inclined to frame charges against the petitioner for criminal contempt. However, it accepted his unconditional apology and undertaking, subject to payment of Rs. 3 lakh costs.

The court censured the petitioner’s conduct and directed him to deposit Rs. 3 lakh with the Registrar General of the Delhi High Court. It discharged the contempt notice and dismissed the writ petition as withdrawn.

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