9911796707
TMI Blog2025 (3) TMI 754X X X X Extracts X X X X X X X X Extracts X X X X ..... cle 226 of the Constitution of India inter alia seeking issuance of an appropriate writ for setting aside the order dated 7th November, 2024 passed by the Assistant Commissioner of Customs, Terminal-3, Indira Gandhi International Airport, New Delhi (hereinafter, the 'adjudicating authority') by which, the adjudicating authority has seized the Petitioner's two gold chains with pendants, weighing a total of 49 grams, valued at Rs. 3,15,795/-. 3. A brief background of the present case as stated in the petition is that the Petitioner is a minor aged about 17 years, who was travelling with her family from the United Arab Emirates ('UAE') to Delhi. The Petitioner along with her family, arrived at the Indira Gandhi International Airport, New Delh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o the Customs Officer at Green Channel who intercepted him and recovered the detained goods from him. ii) I declare the passenger, Gopika Vennankot Govind, is an "eligible Passenger" for the purpose of the Notification No. 50/2017-Customs dated 30.06.2017 (as amended) read with Baggage Rules, 2016 (as amended). ⅲ) I order confiscation of the "Two gold chains with pendants having purity 937. weight 49 grams, valued at Rs. 3,15,795/-" recovered from the Pax Gopika Vennankot Govind and detained vide DR No. "DR/INDEL4/10.04.2024/52601 dt. 10.04.2024" under section 111(d), 111(j) and 111(m) of the Customs Act, 1962; iv) I give an option to redeem, the goods confiscated, above, on payment of fine of Rs. 40,000/- (Rupees Forty Thous ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s sought by the Petitioner. The relevant portion of the impugned order recording the same is extracted hereinunder for a ready reference: "DISCUSSIONS & FINDINGS 8. I have carefully gone through the facts of the case and considered the submissions/ admissions made by the Passenger in her statement dated 10.04.2024. The Pax has also requested waiver of Show Cause Notice and Personal Hearing vide letter dated 22.05.2024 and after accepting her request, I proceed to adjudicate the case." 8. Ld. Counsel for the Petitioner submits that these are small gold chains which the Petitioner used to wear since childhood and the same ought to be returned to the Petitioner. They are her personal effects. 9. A photograph of the Petitioner wearing t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Petitioner as also no personal hearing has been afforded. 14. The waiver of show cause notice and personal hearing is not in accordance with law as held recently in a catena of judgments, including the following:- (i) Amit Kumar v. The Commissioner of Customs (2025:DHC:751-DB) (ii) Mr. Makhinder Chopra v. Commissioner of Customs, New Delhi, (2025:DHC:1162-DB) iii) Mohamed Shamiuddeen v. Commissioner of Customs & Ors. (2025:DHC:1079-DB). 15. The impugned order dated 7th November, 2024 passed by the adjudicating authority is accordingly quashed. No penalty or redemption fine shall be collected from the Petitioner. No warehousing charges shall also be liable to be collected from the Petitioner. The charges, if any, already deposit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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