Ramesh Kumar Jangir Vs Commissioner of Customs (Delhi High Court)
The matter was heard by the Delhi High Court through hybrid mode. The application arose in a writ petition that had earlier been disposed of on 4 April 2025. The petition related to the seizure of gold items by the Customs Department and sought their release.
The petitioner is an Indian citizen working in the private sector in Kuwait. He returned to India from Kuwait on 23 February 2024. Upon arrival, he was carrying one gold chain weighing 51 grams and two gold pieces weighing 65 grams each. According to the petitioner, he chose the red channel to declare the gold items. Despite this, the gold items were detained by the Customs Department on 23 February 2024, and a detention receipt was issued. The seized items were subsequently appraised by the Customs authorities.
At the time of filing the writ petition, the petitioner’s grievance was that no order had been passed by the Customs Department even though he was willing to pay the applicable customs duty. When the matter was first considered on 4 April 2025, the Court recorded that the petitioner was ready to pay duty on the gold pieces. The Court further observed that the gold chain could be treated as a personal effect of the petitioner. Accordingly, the Court directed that the gold chain be released without payment of customs duty. In respect of the two gold pieces, the Court directed the petitioner to appear before the Customs Department, noting that he had intended to declare the items by going through the red channel. The Department was directed to pass an order after hearing the petitioner.
