Case Law Details
Oguljeren Hajyyeva Vs Commissioner of Customs (Delhi High Court)
In a recent judgment, the Delhi High Court has directed the release of seized foreign currency in the case of Oguljeren Hajyyeva versus the Commissioner of Customs. The Writ Petition was filed to enforce the Adjudication Order-in-Original dated 28.01.2020, passed by the Additional Commissioner of Customs, which allowed the redemption of the seized foreign currency amounting to USD 18,500.
Factual Background: Oguljeren Hajyyeva, a foreign national of Turkmenistan, was intercepted at T-3, IGI Airport, New Delhi, on 18.12.2019. The interception occurred after she had completed immigration and boarding formalities. A notice under Section 102 of the Customs Act, 1962, was served on her, leading to a personal baggage search that resulted in the recovery of USD 18,500. As she failed to produce evidence for the legal possession and export of the currency, it was seized under Section 110 of the Customs Act. The seized currency was subsequently deposited with the Central Bank of India, IGI Airport Branch.
Adjudication Proceedings: A show-cause notice was served on Hajyyeva, and in her reply, she stated that the non-declaration and attempt to take the foreign currency out of India were unintentional. Adjudication proceedings were conducted, leading to an Order-in-Original dated 28.01.2020. The order confiscated the seized foreign currency but allowed the redemption of USD 18,900 on the payment of a redemption fine of Rs. 2,60,000 under Section 125 of the Customs Act. A penalty of Rs. 2,60,000 was also imposed on Hajyyeva under Section 114 of the Customs Act.
Current Writ Petition: The petitioner, through her Power of Attorney, addressed a letter to the Commissioner of Customs requesting the redemption of USD 18,900 after deducting the penalty/fine. As there was no response from the respondent, the petitioner filed the present Writ Petition.
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