Myratgeldi Mammedov Vs Union of India & Anr. (Delhi High Court)
The petitioner, a Turkmenistan national, filed a writ petition seeking release of a 516-gram gold chain detained by the Customs Department at the IGI Airport, New Delhi. He asserted that the chain constituted his personal effect. The petitioner had travelled from Istanbul to Delhi on 04 May 2018, where he was intercepted by Customs officials who detained a gold chain, USD 520, and INR 3,460. An interpreter from Jawaharlal Nehru University was provided as the petitioner spoke Russian. According to the petitioner, he was questioned for three days, arrested, and then sent to judicial custody for one month.
During this period, the Turkmenistan Embassy appointed an official to attend adjudication proceedings. The petitioner alleged that no show cause notice was issued because the Embassy’s First Secretary had signed a waiver. A personal hearing took place on 30 May 2018, and an Order-in-Original was passed the same day. The order denied the free allowance of Rs. 50,000, absolutely confiscated the gold under various clauses of Section 111 of the Customs Act, and imposed a penalty of Rs. 8,13,400 under Sections 112 and 114A, noting admissions by the petitioner regarding smuggling in the current and two previous visits. The currency seized was returned, and the petitioner claimed he was released from custody only after depositing the penalty. He was allowed to travel abroad on 07 June 2018.
