Delhi High Court Upholds Relief to Woman in IGI Gold Seizure Case; Customs Plea Dismissed:

The Delhi High Court has dismissed a writ petition filed by the Commissioner of Customs, IGI Airport, challenging an order that allowed redemption of 300 grams of gold seized from a passenger at Delhi airport.

Background:

Ms. Shabnam Parveen was intercepted at IGI Airport in May 2022 after crossing the Green Channel. Customs officials seized two 24-carat gold cut pieces weighing 300 grams, initially valued at over ₹14 lakh, citing non-declaration and Green Channel violation. She had initially admitted that the gold did not belong to her but later retracted her statement, alleging coercion.

The adjudicating authority ordered absolute confiscation of the gold and imposed penalties of ₹2.25 lakh each under Sections 112 and 114AA of the Customs Act.

Appellate Relief:

On appeal, the Commissioner (Appeals) accepted her retraction and purchase documents, treating the matter as one of non-declaration rather than organised smuggling. The authority permitted redemption of the gold under Section 125 of the Customs Act on payment of:

• Rs. 1.46 lakh as redemption fine

• Rs. 1.46 lakh as penalty

• Applicable customs duty

The Revisional Authority later upheld this decision.

High Court’s Ruling:

The Customs Department approached the High Court seeking restoration of the original confiscation order, arguing that the passenger was ineligible to import gold under the Baggage Rules and that the revisional authority exceeded its jurisdiction.

Rejecting these arguments, the High Court held:

• Writ jurisdiction under Article 226 does not permit reappreciation of evidence.

• The appellate and revisional authorities exercised discretion judiciously.

• The case was rightly treated as one of non-declaration, not organised smuggling.

• The redemption fine, penalty, and duty sufficiently addressed the violation.

The Court found no perversity or jurisdictional error and dismissed the petition.

Outcome: The detained gold is to be released upon payment of the stipulated fine, penalty, and duty. Warehousing charges will be governed by earlier court directions.

The ruling reinforces judicial restraint in writ jurisdiction and underscores proportionality in customs adjudication.