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Delhi HC Directs Appeal as Proper Remedy After Gold Seizure Order wthout SCN

Case Law Details

TaxGuru Citation
2025 taxguru.in 11646
Case Name
Chadchaporn Thiankrathok Vs Commissioner of Customs (Delhi High Court)
Date of Judgement/Order
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Chadchaporn Thiankrathok Vs Commissioner of Customs (Delhi High Court)

The petitioner, a Thai national named Chadchaporn Thankrathok, approached the Delhi High Court seeking release of two gold chains weighing 198 grams that were seized by the Customs Department on 11 October 2023. The matter was previously heard on 14 August 2025, when the Court directed both the petitioner and her authorised representative to appear—she virtually and the representative physically—after the Customs Department raised concerns about the authenticity of her authorisation documents and discrepancies in her surname. The Customs Department also noted that the petitioner was shown as the wife of an Indian national, Mr. Golu Shaw, in the memo of parties, prompting the Court to verify identities before proceeding.

On the next hearing, the petitioner appeared online with her husband, while the authorised representative was present in Court. The Court interacted with all three individuals to address identity concerns. The petitioner faced difficulty understanding English, but with some interaction clarified that she worked in Bangkok as a supervisor at a cleaning agency. Her husband stated they married in December 2024 and that he travelled to Bangkok shortly thereafter, where he currently works in a shop. The authorised representative explained that he was related to the husband. The petitioner submitted an affidavit dated 12 September 2025 along with a copy of her husband’s Aadhaar card, both of which were taken on record. The Court concluded that the petitioner’s identity was sufficiently established.

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Author Info

CA Sandeep Kanoi
Qualification: CA in Job / Business
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 21,137

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