Ashiya Vs Commissioner of Customs (Delhi High Court)
Delhi High Court held that implementation of OIO as confirmed by OIA and release of personal jewellery should be directed since mere prospect of filing a review cannot be a ground to hold back implementation of these orders.
Facts- The Petitioner had travelled from Saudi Arabia to Delhi on 18th November, 2023 after visiting her husband who is stated to be residing and working in Mecca. She was wearing four gold bangles weighing 250 grams which were detained by the Customs Authorities. Pursuant to the said detention, the Order-in-Original has been passed on 29th December, 2023 by which redemption was allowed.
The present petition under Article 226 of the Constitution of India has been filed by the Petitioner inter alia seeking implementation of the Order-in-Original dated 29th December 2023, as confirmed by Order-in-Appeal dated 26th May 2025, and directions to release her personal jewellery without imposing any warehouse charges.
Conclusion- Held that no review has been filed till date and the Order-in-Appeal has been issued way back on 26th May, 2025, the mere prospect of filing a review cannot be a ground to hold back implementation of these orders. Moreover, a perusal of paragraph 5.10 of the Appellate Authority’s order would show that the Authority has considered the entire aspect and has held that the Petitioner is not a habitual offender. The Appellate authority has also held that it cannot be presumed that the Petitioner is part of a smuggling syndicate. Under these circumstances, the Order-in-Original be given effect to. However, the Petitioner shall be liable to pay the warehousing charges as applicable on the date when the detention was made.
