Muyassar Yusupova Vs Commissioner of Customs (Delhi High Court)
The Delhi High Court, in Muyassar Yusupova Vs Commissioner of Customs, considered a writ petition filed under Article 226 of the Constitution of India seeking directions for enforcement of an Order-in-Original dated 31 January 2025 issued by the Additional Commissioner of Customs, IGI Airport, Terminal-3, New Delhi. The petitioners, Uzbekistan nationals, also sought the release of jewellery seized by Customs on 8 June 2024.
The case arose when the petitioners — Petitioner No.1, Muyassar Yusupova, who was visiting India for medical treatment, and Petitioner No.2, an acquaintance accompanying her — were found wearing gold jewellery collectively weighing 467 grams (259 grams with Petitioner No.1 and 208 grams with Petitioner No.2). The jewellery was detained by Customs officials, and a detention receipt was issued on 8 June 2024.
Subsequently, a Show Cause Notice was issued to the petitioners on 4 December 2024. Following due proceedings, the Additional Commissioner passed the Order-in-Original on 31 January 2025. In that order, the adjudicating authority denied the benefit of free allowance under Notification No. 50/2017-Cus dated 30 June 2017 and declared the petitioners as “ineligible passengers” under the Baggage Rules, 2016. The seized gold items, weighing a total of 464 grams and valued at ₹21,21,831, were ordered to be confiscated under Sections 111(d), 111(i), 111(m), and 111(o) of the Customs Act, 1962.
