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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Judgment reserved on: 04 January 2024

Judgment pronounced on: 15 January 2024

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W.P.(C) 11354/2023

OGULJEREN HAJYYEVA

..... Petitioner

Through:

Mr.

Pramod

Kant

Saxena,

Advocate

versus

COMMISSIONER OF CUSTOMS

..... Respondent

Through:

Ms.

Anushree

Narain,

Advocate

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

HON'BLE MR. JUSTICE RAVINDER DUDEJA

J U D G M E N T

RAVINDER DUDEJA, J.

1. The present Writ Petition has been filed for directing the

execution of the Adjudication Order-in-Original bearing C. No.

VIII(AP) 10/P&J/Adj/16/2020/18695-18700 dated 28.01.2020 passed

by the Additional Commissioner of Customs, allowing the redemption

of the seized foreign currency of the petitioner amounting to USD

18500/-.

2.

FACTUAL BACKGROUND

Petitioner is a foreign national of Turkmenistan. She was to

depart from T-3, IGI Airport, New Delhi on 18.12.2019 to

Turkmenistan by Flight No. T5 532. After she had completed the

immigration and boarding formalities, she was intercepted near Flight

Digitally Signed

By:VAISHALI PRUTHI

Signing Date:15.01.2024

15:17:27

Signature Not Verified

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Gate No. 11 of the Departure Hall of T-3, IGI Airport. She was served

with notice under Section 102 of the Customs Act, 1962 in the

presence of independent Panchas and an interpreter informing therein

that her personal search and examination of her baggage was required.

She was informed that the same could be conducted in the presence of

a Gazetted Officer or any Gazetted Lady Customs Officer. As per her

consent, a Lady Customs Officer conducted the personal baggage

search of the petitioner which led to recovery of USD 18500/-.

Petitioner failed to produce any documentary evidence for the legal

possession and export of the recovered foreign currency, said foreign

currency was then seized under Section 110 of the Customs Act, 1962.

Subsequently, the recovered foreign currency was deposited with

Central Bank of India, IGI Airport Branch vide office letter dated

22.08.2019.

3. Show Cause Notice dated 15.01.2020 was served upon the

petitioner. In her reply, petitioner stated that she was not having any

knowledge of the legal provisions and that the non-declaration and

attempt to take the foreign currency out of India was unintentional and

that the seized foreign currency may be released and the confiscation

or the penal action may be waived off.

4. Adjudication proceedings were conducted by the respondent

and vide Order-in-Original bearing C. No. VIII(AP)10/P&J/ Adj/16/

2020/ 18695-18700, the seized foreign currency i.e. USD 18,900/-

equivalent to Indian currency i.e. Rs. 13,07,950/- seized from the

petitioner was ordered to be confiscated. However, the petitioner was

allowed the redemption of the foreign currency on the payment of

Digitally Signed

By:VAISHALI PRUTHI

Signing Date:15.01.2024

15:17:27

Signature Not Verified

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redemption fine of Rs. 2,60,000/- under Section 125 of the Customs

Act with the stipulation that the offer of redemption was valid only for

a period of three months from the date of issue of order. In addition, a

penalty of Rs. 2,60,000/- was also imposed on the petitioner under

Section 114 of the Customs Act.

5. Petitioner though her Power of Attorney addressed a letter dated

02.06.2023 to the Commissioner of Customs for permitting

redemption of USD 18,900/- after deducting the penalty/fine. On the

failure of the respondent, petitioner preferred the present Writ

Petition.

6.

SUBMISSIONS

The learned counsel for the petitioner has submitted that due to

Covid Pandemic and Lockdown in March 2020, petitioner was

stranded, all the offices were shut due to which the petitioner could

not get her seized foreign currency released. It is submitted that the

Hon’ble Supreme Court in suo-moto proceedings, had ordered the

extension