$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 29^th May, 2025 + W.P.(C) 3550/2025 MS GULZAN ORAZGULYYEVA .....Petitioner Through: Mr. S Vijay Kanth, Adv.

versus THE COMMISSIONER OF CUSTOMS & ANR. .....Respondents Through: Ms. Anushree Narain, SSC with Mr. Ankit Kumar, Adv.

CORAM:

JUSTICE PRATHIBA M. SINGH JUSTICE RAJNEESH KUMAR GUPTA Prathiba M. Singh, J. (Oral)

1. This hearing has been done through hybrid mode.

2. The present writ petition has been filed under Article 226 of the Constitution of India seeking release of the jewellery detained by the Customs Department vide Detention Receipt dated 12th September, 2024.

3. It is the case of the Petitioner that she is a citizen of Turkmenistan and holding a Turkmenistanian passport. The Petitioner was traveling from Turkmenistan to India with her husband for medical treatment on 12th September, 2024. The Customs Department intercepted her upon her arrival at the Indira Gandhi International Airport, New Delhi and gold jewellery, which according to her were old and used ornaments gifted by family members during her marriage were seized.

4. The gold jewellery seized consisted of one gold chain and two gold bracelets weighing about 246 grams (hereinafter “the detained jewellery”).

Signature Not Verified Digitally Signed W.P.(C) 3550/2025 Page 1 of 9 According to the Petitioner, no show cause notice has been issued in respect of such seizure till date.

5. Medical records pertaining to the Petitioner’s health have also been placed on record along with the petition.

6. On 21^st March, 2025, notice was issued in this matter. Ld. Counsel for the Respondent has today submitted that the Order-in-Original has been passed which is dated 22^nd January, 2025. The said order is stated to have been communicated to the Petitioner through the Ministry as the Petitioner is a Turkmenistanian national.

7. Heard the ld. Counsels for the parties. The Court has also perused the documents placed on record including the Order-in-original. The operative portion of the order reads:

“2. The passenger Ms. Guljan Orazgulyyeva (D.O.B.- 27.10.1984) holding Turkmenistan Passport number A1804537 (here after referred to as the Pax') arrived from Iran at IGI Airport Terminal-3. New Delhi by the flight T5 555 dated 12.09.2024 and opted for Customs Green Channel while she was intercepted by the Customs officer after she had already crossed the Green Channel. During her personal & baggage search “01 yellow metal chain and 02 yellow metal bracelets appearing to be gold weighing 246 gram" were found and the same was detained vide Detention Receipt (DR) No. DR/INDEL4/12.09.2024/005107 dated 12.09.2024.

The DR bears remark "Green channel violation"

3. The Pax tendered her statement dated 12.09.2024 under Section 108 of the Customs Act, 1962 in which she admitted that she had arrived from Turkmenistan at IGI Airport Terminal-3. New Delhi by the flight T5 555 dated 12.09.2024; that she was intercepted by the Customs Officer after she had crossed the Green Channel and after X-Ray of his baggage/DFMD "01 Signature Not Verified Digitally Signed W.P.(C) 3550/2025 Page 2 of 9 yellow metal chain and 02 yellow metal bracelets appearing to be gold weighing 246 gram" were recovered from him. The Pax in her statement dated 12.09.2024 . also stated that the said recovered goods belong to him; that she was well aware of the fact that there was Customs duty on Import of above said goods/gold in India; that she intentionally did not declare the recovered items; that she admitted her acts of omission and commission on her part; that she agreed with description and quantity and value assessed by the department and ready to pay the Customs duty along with fine and penalty as applicable; that she does not need any show cause notice or personal hearing in the matter; that she had tendered her statement true and correct and understood the same in vernacular. She further stated that she had tendered her statement without any duress. pressure or