Win Htwe & ORS. v. The Commissioner Of Customs

$~34 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 7640/2025 WIN HTWE & ORS.

.....Petitioners Through:

Mr. S. Vijay Kanth & Mr. Utkarsh Tripathi, Advs.

versus THE COMMISSIONER OF CUSTOMS .....Respondent Through:

Mr. Harpreet Singh, SSC with Mr. Jai Ahuja, Ms. Sanidhya Sharma & Ms.

Vanshika Kapoor, Advs.

CORAM:

JUSTICE PRATHIBA M. SINGH JUSTICE RAJNEESH KUMAR GUPTA

O R D E R

% 23.07.2025 1.

This hearing has been done through hybrid mode. 2.

The present petition has been filed by the Petitioners seeking setting aside of the Order-in-Original dated 17th March, 2025 and release of the Petitioners' detained articles.

3.

It is the case of the Petitioners that they were travelling from Yangon to Delhi on 12th February, 2024 and upon arrival, they were intercepted at the airport and various gold articles were seized. 4.

On 28th May, 2025 the Court had directed the Petitioner to place on record the photographs of the detained gold articles. 5.

The photographs have been placed on record and the Court has perused the same. The said photographs, in the prima facie opinion of this Court, clearly reveal that these are not personal effects or used personal jewellery and is gold which has been converted into bands and bracelets, etc. 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 26/07/2025 at 12:58:22

6.

In view of the above, the Court has put a query to ld. Counsel for the Petitioners, if the Petitioners wish to challenge the Order-in-Original dated 17th March 2025 and if so, the limitation can be extended and he may be permitted to do so. Ld. Counsel for the Petitioner submits that he wishes to file an appeal against the Order-in-Original. 7.

Accordingly, the present petition is disposed of with a direction that the Petitioners are free to file an appeal before the Appellate Authority by 31st August 2025.

8.

It is noted by the Court that the gold articles are stated to have been disposed of by the Department without following the due procedure. Accordingly, before the Appellate Authority, the Petitioners are free to seek appropriate relief in accordance with law.

PRATHIBA M. SINGH, J.

RAJNEESH KUMAR GUPTA, J.

JULY 23, 2025 kk/msh 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 26/07/2025 at 12:58:22