Rinku Dubey Vs Union of India And Ors (Delhi High Court)
The petition before the Delhi High Court, filed under Article 226 of the Constitution of India, sought the release of 15,000 U.S. Dollars that had been seized by the Customs Department from the petitioner, Rinku Dubey, an Indian citizen.
Facts of the Case
The petitioner was intercepted on October 31, 2023, while intending to depart from India to Bangkok via Mumbai. Customs officials recovered a total of 15,000 U.S. Dollars—an amount equivalent to INR 12,36,750—which was being carried in a concealed form in a black trolley bag. Since the petitioner failed to produce any documentary evidence establishing the legal possession of the currency as required by the Reserve Bank of India (RBI) rules, the amount was seized.
Following an inquiry, the Customs Department issued an Order-in-Original dated December 24, 2024. This order directed the absolute confiscation of the entire 15,000 under Section 113 of the Customs Act, 1962. Furthermore, the order imposed a penalty of Rs. 1,30,000 on the petitioner under Section 114 of the Customs Act, 1962, read with Section 13 of the Foreign Exchange Management Act, 1999 (FEMA).
Petitioner’s Plea for Delayed Appeal
The petitioner’s counsel submitted before the High Court that an appeal against the Order-in-Original could not be filed within the stipulated time limit because the petitioner faced financial difficulties and was not fully aware of the procedure for filing an appeal. The primary prayer sought was for the court to permit the filing of the appeal despite the expiry of the limitation period.
