9911796707
TMI Blog2025 (4) TMI 837X X X X Extracts X X X X X X X X Extracts X X X X ..... ) 2. Allowed, subject to all just exceptions. Application is disposed of. W.P.(C) 4262/2025 3. The present petition has been filed by the Petitioner-Bindu Govind under Article 226 of the Constitution of India inter alia seeking issuance of an appropriate writ for setting aside the detention by the Assistant Commissioner of Customs, Terminal-3, Indira Gandhi International Airport, New Delhi which was done vide detention receipt dated 10th April, 2024 bearing No. DR/INDEL4/10.04.2024/0052549, whereby Petitioner's four gold bangles and two gold chains old chains, weighing a total of 159 grams have been seized. 4. A brief background of the present case, as stated in the petition is that the Petitioner is an Indian Passport holder bearing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Customs, I.G.I. Airport, T-3 Terminal, New Delhi. Hence, the Petitioner may avail of the remedies in accordance with law against the said Order-in-Original. 9. A copy of the said Order-in-Original is handed over in Court. The same is taken on record. 10. A perusal of the Order-in-Original dated 06th December, 2024 reveals that no Show Cause Notice was issued upon the Petitioner in the present case with respect to the detention of her seized gold jewellery. Additionally, even an opportunity for personal hearing was not granted to the Petitioner. 11. The order in original also reveals that a statement of the Petitioner under Section 108 of the Customs Act,1962 has been recorded, dated 10th April, 2024,which clearly does not appear to be a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e goods/ gold; that she intentionally had not declared the recovered items; that she would be agreed with the description and quantity assessed by the department and ready to pay the Customs duty along with fine and penalty as applicable. She further stated that she had tendered her statement true and correct, without any duress, pressure or threat. Further, she requested that she did not want Show Cause Notice and Personal Hearing. 4. The pax visited this office and submitted a letter dated 22.5.2024 wherein the pax had inter-alia stated that she had arrived from UAE to IGI Airport Terminal-3, New Delhi on 10.04.2024 and brought "02 yellow metal chain and 04 yellow metal kada appearing to be made of gold having collective weight 159 gra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent of fine of Rs. 1,50,000/-(Rs. One lakh Fifty Thousand Only) under Section 125 of the Customs Act, 1962 and allow the same for re-export from India only by the Pax, since, the passenger is an Indian National having passport No. Y8799992 and has a valid UAE resident ID No 784-1978-7041871-8, issuing date 27.05.2024, expiry date 27.05.2026, issued by United Arab Emirate. I allow redemption of the detained goods within 120 days of issue of this order under Section 125(3) of the Customs Act, 1962). The redemption is allowed after the completion of legal formalities in this regard and also on fulfillment of any regulatory clearances/ approvals/ payments, as required. The offer of redemption, if accepted, shall be subject to condition that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... release of the confiscated articles of the Petitioner on the same grounds of non-issuance of show cause notice and absence of personal hearing to the Petitioner. The said petitions filed by the family members of the Petitioner are: ● Gopika Vennankot Govind v. Union of India & Ors. (W.P.(C) 2784/2025) decided on 10th March,2025: ● Govind Vennankot Chandrasekharan v. Assistant Commissioner of Customs (W.P.(C) 2568/2025) decided on 27th March, 2025. 16. Thus, in the facts and circumstances of this case, the detention of Petitioner's gold jewellery is illegal and the Order-in-Original passed in pursuance to such detention is not sustainable. 17. Hence, the said detention as well as the Order-in-Original dated 06th December, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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