Delhi High Court Condones Delay In Re-Exporting Gold Brought By Foreign National For Wife's Treatment, Imposes ₹20K Costs

The Delhi High Court has condoned the delay of three years by a Turkmenistanian national in redeeming his gold jewellery from the Customs Department.

A division bench of Justices Prathiba M. Singh and Renu Bhatnagar granted the relief noting that “the Petitioner had visited India for medical treatment of his wife and the gold jewellery was for payment of the same, as also the fact that the Petitioner is not a habitual offender”.

Petitioner had sought implementation of an order dated 27th January, 2020 wherein the Adjudicating Authority had permitted him to re-export the gold jewellery, consisting of two gold chains and two gold bracelets, subject to payment of redemption fine and penalty.

But the Petitioner furnished a letter to the Customs Department seeking payment of redemption fine only on 21st August, 2023. The same was rejected on the ground that in terms of Section 125(3) of the Customs Act, 1962 the time period (120 days) for paying of the redemption fine is over.

Petitioner defended the delay citing COVID-19 pandemic. He also pressed the grounds that he had come to India for treatment of his wife and brought the gold jewellery to meet the medical expenses.

The High Court noted that in In Re: Cognizance for Extension of Limitation, Suo Moto Writ Petition (C) No. 3 of 2020, passed on 10th January, 2022, the delay between 15th March, 2020 till 28th February, 2022 has already been condoned by the Supreme Court.

Further considering the Petitioner's peculiar circumstances, it was inclined to condone further delay and allow the implementation of the Order for re-export, subject to payment of Rs.20,000/- as costs.

Appearance: Mr. Pramod Kant Saxena, Adv. for Petitioner; Ms. Anushree Narain, SSC with Mr. Naman Choula, Adv. for Respondent

Case title: Nazarmammet Nuryyyalev v. Commissioner Of Customs

Case no.: W.P.(C) 13936/2023

Click here to read order