“Customs Cannot Resort To Delaying Tactics”: Delhi High Court Slams Dept For Not Releasing Seized Goods Despite Court Order

The Delhi High Court has slammed the Customs Department for repeatedly delaying implementation of its orders for release of articles seized from passengers arriving from abroad.

Calling out the authority's “delaying tactics”, a division bench of Justices Prathiba M. Singh and Renu Bhatnagar warned of “stringent action” along with imposition of costs on errant officials.

“This Court repeatedly notices that various judgments and orders which are passed, especially order directing release of detained goods to the respective passengers, are not being given effect to on the ground that the Customs Department intends to avail of some remedies. This results in the matters being delayed beyond a reasonable period,” the judges said.

In the case at hand, the Court had ordered release of Petitioner's gold jewelry without payment of Customs duty. It had also ordered the Department to release his iPhone, subject to payment of applicable duty.

The order was passed in August this year but the Petitioner submitted it was yet to be executed, despite repeated requests.

The Petitioner was told that the order is pending under review with the Department's legal team and it is likely to challenge the same before the Supreme Court.

The Court however noted that no such appeal was preferred by the Department and now the time for filing the same had also expired. In such circumstances, it was compelled to remind the Customs Department that the statutory limitations prescribed under the relevant Acts are not merely binding on the passengers praying for release of their jewellery, personal items or other goods.

“The Customs Department is expected to be fair and not unreasonably prolong a passenger's hardship in seeking release of their goods, especially where there is no allegation of fraud, smuggling, etc., raised by the Department. If the department resorts to delaying tactics in giving effect to the judgements and orders passed by Courts, then the Court would be compelled to take stringent action along with costs to be paid by the official concerned,” it said.

The Court has now directed the Department to give effect to the order within one week failing which, ₹20,000 costs shall be payable to the Petitioner.

Appearance: Mr. Rahul Raheja & Mr. Gaurav Prakash, Advs for Petitioner; Mr. Harpreet Singh, SSC, CBIC with Ms. Suhani Mathur, Mr. Akshay Saxena, Ms. Shivali Saxena, Mr. Jai Ahuja & Mr. Jatin Gaur, Advs for Respondent

Case title: Dhruv Mittal v. Commissioner Of Customs

Case no.: W.P.(C) 12774/2025

Click here to read order