Haris Aslam Vs Commissioner of Customs (Delhi High Court)
Delhi High Court directs Customs to release passenger’s seized gold per appellate order, ruling intent to file revision is no ground to withhold goods; Delhi High Court Orders Customs to Release Jewellery, Cites Precedent Against Bypassing Procedure
New Delhi: The Delhi High Court has directed the Commissioner of Customs to release personal gold jewellery seized from an international passenger, asserting that the Customs Department cannot indefinitely withhold goods based merely on its intention to file a challenge against an appellate order. The court highlighted procedural lapses by Customs in the initial adjudication and reaffirmed that orders from appellate authorities must be respected and implemented unless stayed by a higher forum.
The case involves Mr. Haris Aslam, an Indian citizen residing in the UAE who works as a software engineer for Emirates Airlines and travels frequently to India. Upon his arrival at Delhi airport on March 23, 2024, Customs officials detained gold items he was wearing—a ring weighing 20 grams and a chain weighing 137 grams. The department’s reason for detention was the passenger’s alleged failure to declare the jewellery.
According to the Customs Department, Mr. Aslam had signed a waiver of his right to a Show Cause Notice (SCN) and a personal hearing. Acting on this purported waiver, the Adjudicating Authority passed an Order-in-Original (OIO) on June 14, 2024. This order was stringent: it denied any ‘Free Allowance’ to Mr. Aslam, declared him an “ineligible Passenger” under the relevant Baggage Rules and notifications, ordered the absolute confiscation of the gold items (valued at over ₹9.85 lakh) under various sections of the Customs Act, 1962 (including Sections 111(d), (i), (j), & (m)), and imposed a penalty of ₹1 lakh under Section 112(a) & (b).
