Delhi High Court Orders Customs To Release Traveller's Jewellery, Says Dept Not Keeping Passengers Informed Of Proceedings

The Delhi High Court has flagged the Customs Department's regular non-appearance in an appeal preferred by an aggrieved traveller whose articles were confiscated at the airport. The passenger further faced consistent non-implementation of the relief orders passed by the Appellate Authority.The court also allowed the release of the articles while upholding the order of the appellate authority.A division bench of Justices Prathiba M. Singh and Shail Jain further noted that in cases where the Department prefers revision against the appellate order, like in this case, it does not keep the traveller in the loop, making them wait endlessly. It observed,“It is noticed in several cases that the Customs Department does not appear before the Appellate Authority and the orders of the Appellate Authority are not given effect to. The Customs Department, if it chooses to file a revision application, does not serve the said revision application on the Petitioner. Even the factum of filing of the Revision is not informed to the passenger concerned.” In the case at hand, almost 11 months had passed since the Department had filed a revision against the Appellate Authority's order for the release of the Petitioner's gold kadas. However, neither the Petitioner was served nor informed, forcing her to move the High Court for relief.Briefly put, Petitioner's gold kadas were seized by the Department at the Delhi Airport, upon her return from Saudi Arabia. She claimed that a pre-printed Show Cause Notice waiver was obtained from her, even though her personal hearing was waived, and thereafter, an order for absolute confiscation was passed.Though she preferred an appeal, the Department failed to appear, and the Appellate Authority ultimately allowed redemption on fine of Rs 1,00,000/- along with applicable duty and penalty. This order was, however, not given effect to.The Petitioner contended that the Customs Department usually does not appear in the appellate proceedings. The Department, on the other hand, claimed that a revision against the said appellate order was filed.It is under these circumstances that the Court observed,“A perusal of the filing proof of the same (revision) also shows that no copy has been served upon the Petitioner though the same has been filed almost one year ago. No notice also appears to have been issued in the said Revision to the Petitioner. The Appellate Authority having ruled in favour of the Petitioner and the filing of the revision having not been informed to the Petitioner at all, left the Petitioner awaiting for the implementation of the order of the Appellate Authority.”As such, it directed that the appellate order passed in favour of the Petitioner deserves to be given effect to.Appearance: Mr. Ashish Panday, Adv. for Petitioner; Mr. Vishal Chadha, SSC with Mr. Chandan Kumar, Adv. for RespondentCase title: Mushlina v. Commissioner Of CustomsCitation: 2025 LiveLaw (Del) 1154Case no.: W.P.(C) 14324/2025Click here to read order

Delhi High Court Orders Customs To Release Traveller's Jewellery, Says Dept Not Keeping Passengers Informed Of Proceedings

Kapil Dhyani

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