The absence of a Show Cause Notice and personal hearing violates principles of natural justice, rendering customs confiscation orders unlawful.

JUDGMENT :
Prathiba M. Singh, J.

1. This hearing has been done through hybrid mode.

CM APPL. 52314/2025 (for exemption) in W.P.(C) 12816/2025

2. Allowed, subject to all just exceptions. Application is disposed of.

W.P.(C) 12741/2025

W.P.(C) 12816/2025

3. The present petitions have been filed by the Petitioners- Ms. Rajvir Kaur and Mr. Jujhar Singh under Articles 226 and 227 of the Constitution of India, inter alia, assailing the Orders-in-Original dated 3rd June, 2024 in W.P.(C) 12741/2025 and 5th June, 2024 in W.P.(C) 12816/2025 (hereinafter, ‘impugned orders’).

4. The Petitioners i.e., husband and wife, are British citizens and Overseas Citizen of India card holders. They challenge the impugned orders passed by Office of the Commissioner of Customs, IGI Airport, New Delhi. The case of the Petitioners is that they were travelling together with their two children on 2nd April, 2024 from London to New Delhi to attend a wedding in the family. Upon arrival at the IGI Airport, New Delhi, the Petitioners were intercepted by the concerned officials of the Customs Department and the following gold items were seized from the Petitioners:

Sixteen gold bangles, collectively weighing 212 grams in W.P.(C) 12741/2025

Two gold kadas, collectively weighing 200 grams in W.P.(C) 12816/2025

5. No Show Cause Notice was issued to the Petitioners on the ground that the same was waived by the Petitioners. The impugned orders, thereafter, permitted re-export of the goods in the following terms.

Order in Original in W.P.(C) 12741/2025

“ORDER

(i) I deny the ‘Free Allowance’ if any admissible to the passenger Ms. Rajvir Kaur for not declaring the detained goods to the Proper Officer at Red Channel as well to the Customs Officer at Green Channel who intercepted her and recovered the detained goods from her;

ii) I declare the passenger, Ms. Rajvir Kaur as “an ineligible Passenger” for the purpose of the Notification No. 50/2017-Cus dated 30.06.2017 (as amended) read with Baggage Rules, 2016 (as amended);

iii) I order confiscation of Sixteen gold bangles having average purity 947 with gross and net weight 212 grams having Assessable value Rs.12,92,377/- recovered from the Pax under Section 111(d), 111(j) & 111(m) of the CUSTOMS ACT , 1962;

iv) I give an option to redeem the goods confiscated above, on payment of a fine of Rs. 1,95,000/- (Rupees One Lakh and Ninety-Five thousand Only) under Section 125 of CUSTOMS ACT , 1962 and allowed the same for re-export from India only by the Pax since the passenger is a United Kingdom of Great Britain and Northern Ireland national. The redemption is to be allowed after the completion of legal formalities in this regard and also fulfilment of any regulatory clearances/ approvals required. The offer of redemption, if accepted, shall be subject to condition that the Pax shall not dispute the identity and valuation of the detained goods. The offer of redemption shall cease after ‘One Hundred Twenty Days' from date of the receipt of this order;

v) I also impose a penalty of Rs. 1,30,000/- (Rupees One lakh and Thirty thousand only) on the passenger Ms. Rajvir Kaur under Section 112 (a) & 112 (b) of the CUSTOMS ACT , 1962.”

Order in Original in W.P.(C) 12816/2025

ORDER

i) I deny the ‘Free Allowance’ if any admissible to the passenger, Jujhar Singh for the various acts of commission and omission;

ii) I declare the passenger, Jujhar Singh is “an ineligible Passenger” for the purpose of the Notification No. 50/ 2017-Cus dated 30.06.2017 (as amended ) read with Baggage Rules, 2016 (as amended);

iii) I order confiscation of “Two gold kadas having purity 991, weight 200 grams, valued at Rs. 12,70,950/ -” recovered from the Pax