W.P.(C)/13810/2025 of LAXMI PAT BOTHRA Vs COMMISSIONER OF CUSTOMS

*IN THE HIGH COURT OF DELHI AT NEW DELHI+W.P.(C) 13810/2025

LAXMI PAT BOTHRA

.....Petitioner

Through:

Ms. Richa Kumari, Mr. Pawan & Mr.Prashant Chaudhary, Advs.

versus

COMMISSIONER OF CUSTOMS.....RespondentThrough:Mr. Harpreet Singh, SSC, CBIC.

.....Respondent

CORAM:JUSTICE PRATHIBA M. SINGHJUSTICE SHAIL JAINO R R%09.09.2025

1.This hearing has been done through hybrid mode.

2.The present petition has been filed by the Petitioner under Article 226 ofthe Constitution of India, inter alia, seeking release of the gold items whichwere detained from the Petitioner when he travelled from Hong Kong to Indiaon 12[th]September, 2024. The gold items detained vide detention receipt bearingno. DR/INDEL4/12.09.2024/005103 dated 12th September, 2024 are as under:

i.One gold chain, weighing 70 grams;

ii.One diamond studded gold bracelet, weighing 34 grams.

3.After the detention, the appraisement of the gold items was done and thetotal value of the same has been determined at Rs.9,95,546/-. The Order-in-Original dated 2nd May, 2025 was passed and the Petitioner was permitted toredeem the gold items in the following manner:

“ORDER

i) I deny the ‘Free Allowance’ if any, admissible to the PaxMr. Laxmi Pat Bothra for not declaring the detainedgoods to the Proper Officer at Red Channel as well to theCustoms Officer at Green Channel who intercepted himand recovered the detained goods from him.

ii) I declare the passenger, Mr. Laxmi Pat Bothra, is an“ineligible Passenger” for the purpose of the NotificationNo. 50/2017-Customs dated 30.06.2017 (as amended)read with Baggage Rules, 2016 (as amended).iii) I order confiscation of “(i) One gold chain havingaverage purity 938, weight 70 grams and Valued at Rs.4,82,141/- (ii) One diamond studded gold bracelet-32*30cent, 8*50 mellee having average purity 591, weight 34grams and Valued at Rs. 5,13,405/- (Total valued at Rs.9,95,546/-)” recovered from the Pax Mr.Laxmi PatBothraanddetainedvideDRNo.DR/INDEL4/12.09.2024/005103 dt. 12.09.2024 undersection 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.99,000/= (Rupees NinetyNine Thousand only) and I allow release of the detainedgoods within 120 days of issue of this order under Section125(3) of Customs Act, 1962. The redemption is to beallowed after the completion of legal formalities in thisregardandalsofulfillmentofanyregulatoryclearances/approvals required. The offer of redemption, ifaccepted, shall be subject to condition that the Pax shallnot dispute the identity and valuation of the detainedgoods. The offer of redemption shall cease after ‘OneHundred Twenty Days’ from date of the receipt of thisorder;

v) I also impose penalty of Rs 99,000/= (Rupees NinetyNine Thousand only) on the Pax Mr. Laxmi Pat Bothraunder section 112 (a) and 112(b) of the Customs Act,1962.”

4.The case of the Petitioner is that after the Order-in-Original was passed,several emails have been written to the Customs Department seeking release ofthe gold items in terms of the Order-in-Original. However, the same has notbeen permitted till date.

5.Ld. Counsel for the Respondent submits that the Order-in-Original gave120 days to the Petitioner to redeem the gold items and the said time has

expired.

6.Heard. Considering the nature of the matter and the fact that thePetitioner in effect seeks for the Order-in-Original to be implemented, thePetitioner is free to pay the redemption fine and seek release of the goods.

7.In the facts of this case, the warehousing charges are waived as there isan invoice to show that the same was purchased by the Petitioner in India itselfin 2016 and even the photographs which have been placed on record wouldclearly show that the Petitioner has used these gold items and worn them in thepast.

8.The Petitioner shall accordingly appear before the Customs Departmenton 18[th]September, 2025. On the said date, upon the payment of the redemptionfine without any warehousing charges, the gold items shall be released to thePetitioner.

9.The Nodal Officer mentioned below shall facilitate the Petitioner’sappearance before the competent authority for compliance with the presentorder:

Mr. Sandeep Lamba, Superintendent, CustomsOffice of Commissioner, CustomsIGI Airports, T-3, New DelhiMobil No.[REDACTED]Email id:[REDACTED]

10.Petition is disposed of in these terms. All pending applications, if any,are also disposed of.

PRATHIBA M. SINGH, J.

SEPTEMBER 9, 2025/Rahul/Ck

SHAIL JAIN, J.

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