The Delhi High Court while pointing out that there is a lack of coordination between customs department and panel of standing counsels held that the non-appearance of customs counsel is a gross wastage of judicial time.
The bench Justice Prathiba M. Singh and Justice Rajneesh Kumar Gupta has observed that in a large number of customs matters, the Counsels are either not appearing or appear without proper instructions. In cases of non- appearance, the Court is compelled to request Standing Counsels present in Court to accept notice. This reflects a clear lack of coordination between the Department and the learned panel of Standing Counsels. Such a practice is highly undesirable and leads to gross wastage of judicial time.
The bench noted that none appears for the Customs Department, despite advance copy having been served at email ids and mobile number.
The bench proceeded with passing of the order on merits.
The petitioner has been filed by the Petitioner under Article 226 of the Constitution of India seeking release of the Gold jewellery which has been detained by the Respondent – Customs Department. The Petitioner is an Indian who is employed in the UAE.
The Petitioner had arrived at the Terminal-3, IGI Airport, New Delhi for attending a marriage ceremony. The invitation card for the marriage ceremony in Guruvayur is also placed on record as Annexure P-3. The Petitioner is said to have been wearing a gold chain weighing 32 gms which was detained by the Respondent/Department on 9th April, 2024.
The Petitioner was only served with the Order without proper hearing being given to him. The Petitioner submitted that the chain was the Petitioner’s personal jewellery. The photographs were placed on record showing that he is wearing the gold chain.
As per the impugned order, the Petitioner has been permitted to redeem the gold chain upon the payment of Rs.25,000/- for re-export and penalty has been imposed of Rs.20,000/-.
The court has held that if the gold items seized are personal jewellery, the same would not be liable to be confiscated.
The court directed to release the gold item of the Petitioner within a period of four weeks. The Petitioner or his authorised signatory shall collect the same. The concerned official/agency shall verify the credentials of the Petitioner and release the same.
Case Details
Case Title: Rahul Vattamparambil Remesh Versus Union Of India
Case No.: W.P.(C) 2690/2025, CM APPL. 12818/2025, & CM APPL. 12819/2025
Date: 4th March, 2025
Counsel For Petitioner: Kavitha K.T.
Counsel For Respondent: None
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