W.P.(C)/11924/2025 of NADEEM AHMAD Vs COMMISSIONER OF CUSTOMS

*IN THE HIGH COURT OF DELHI AT NEW DELHI+W.P.(C) 11924/2025NADEEM AHMAD.....PetitionerThrough:Dr. Ashutosh, Ms. Fatima and Mr.Pravej Hasan, Advs.

versus

COMMISSIONER OF CUSTOMS.....RespondentThrough:Ms. Anushree Narain, Adv.

CORAM:

JUSTICE PRATHIBA M. SINGHJUSTICE RENU BHATNAGAR

%08.08.20251.This hearing has been done through hybrid mode.

2.The present petition has been filed by the Petitioner-Nadeem Ahmadunder Articles 226 and 227 of the Constitution of India, inter alia, seekingrelease of the two gold bars, collectively weighing 233.30 grams which weredetained on 21st August, 2021 vide detention receipt bearing no. 7064.

3.The submission of ld. Counsel for the Petitioner is that the Order-in-Original has been passed after four years of detention on 1st July, 2025. Ld.Counsel submits that considering the long delay that has taken place inpassing of the said order, the prayer in the present petition is for waiver of thewarehousing charges.

4.The Order-in-Original was passed on 1[st]July, 2025 in the followingterms:

“ORDER

i. I deny the 'Free Allowance' if any admissible to thePax Nadeem Ahmad for not declaring the detainedgoods to the Proper Officer al Red Channel as well to

the Customs Officer at Green Channel who interceptedhim and recovered the detained goods from him.ii. I declare the passenger, Nadeem Ahmad, an"eligible Passenger" for the purpose of the NotificationNo. 50/2017-Cus dated 30.06.2017 (as amended) readwith Baggage Rules, 2016 (as amended).iii. I order confiscation of the above said detained goodsi.e. "Two Gold 10 tola Bars (Embossed Suisse 10TOLA Fine Gold 999.9 on one side & picture of Ladyembossed on other side) having Purity 999.9, weighing233.30 grams and valued at Rs. 9,86,466/-" recoveredfrom the Pax Nadeem Ahmad and detained vide DR No.DR/INDEL4/21.08.2021/007064dated21.08.2021,under Section 111(d), 111(j), 111 (l) & 111 (m) of theCustoms Act, 1962; '

iv. I give an option to redeem the goods confiscated-above on payment of Rs.1,00,000/ (Rs. One LakhOnly) along-with applicable rate of Customs Duty onTariff Valuation as on the date of detention of seizedgoods. I allow release of the detained goods within 120days of receipt of this order under Section 125(3) of theCustoms Act, 1962. The redemption to be allowed afterthe completion of legal formalities in this regard andalso fulfillment of any regulatory clearances/ approvalsrequired. The offer of redemption, if accepted, shall besubject to condition that the Passenger shall not disputethe identity and valuation of the goods. The offer ofredemption shall cease after 120 days of the receipt ofthis order.

v. I also impose penalty of Rs. 1,00,000/- (Rs. OneLakh Only) on the Pax, Mr. Nadeem Ahmad underSection 111(a) & 112(b) of the Customs Act, 1962.”

5.Considering the nature of the goods which have been imported, i.e.,two gold bars, this Court is not inclined to waive the warehousing charges.Let the order-in-original be given effect to.

6.The petition is disposed of in these terms. Pending applications, if any,are also disposed of.

PRATHIBA M. SINGH, J

AUGUST 8, 2025dj/ck

RENU BHATNAGAR, J