Rohit Arora v. Union Of India & ANR.

$~50 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2615/2025 ROHIT ARORA .....Petitioner Through:

Mr. Ashish Panday, Mr. Amit Kumar Attri & Ms. Kiran Pandey, Adv.

versus UNION OF INDIA & ANR.

.....Respondents Through:

Mr. Harpreet Singh, Senior Standing Counsel along with Ms. Suhani Mathur and Mr. Jai Ahuja, Advs. for Customs.

Mr. Srivasts Kaushal, SPC for UOI.

CORAM:

JUSTICE PRATHIBA M. SINGH JUSTICE RAJNEESH KUMAR GUPTA

O R D E R

% 03.03.2025 1.

This hearing has been done through hybrid mode. 2.

The present petition has been filed by the Petitioner under Articles 226 and 227 of the Constitution of India seeking to quash the Order-in-Original dated 19th December, 2024 and seeking release of the gold jewellery detained by the Customs Department vide DR/INDEL4/18.05.2024/004452 dated 18th May, 2024.

3.

The case of the Petitioner is that he travelled to Dubai for an official meeting as he is working in a Multi-National Company. While returning back from Dubai, he was intercepted by the Customs Officials at Terminal -3, IGI Airport, New Delhi upon his arrival on 18th May, 2024. He was wearing gold jewellery which was seized by the Respondent/Department on the same day. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/03/2025 at 12:37:43

Subsequently, vide the impugned Order-in-Original, the Assistant Commissioner of Customs has ordered for absolute confiscation of the goods seized i.e., one Gold kada (35 grams) and one Gold Chain Bracelet (17 grams) and imposed a penalty of Rs.55,000/-.

4.

The Petitioner was given a hearing in this matter on 16th July, 2024 and thereafter the Order-in-Original was passed. In the opinion of this Court, therefore, the Petitioner ought to have challenged the said order in an appeal in accordance with law.

5.

Considering the quantum of goods, the Petitioner is now permitted to file the appeal by 31st March, 2025. The same shall be disposed of by 30th April, 2025.

6.

Petition is disposed of. All pending applications, if any, are also disposed of.

PRATHIBA M. SINGH, J.

RAJNEESH KUMAR GUPTA, J.

MARCH 3, 2025 Rahul/Ar.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/03/2025 at 12:37:43