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* IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of Decision: 16^th December, 2025

Uploaded on: 18^th December, 2025

+ W.P.(C) 2513/2025, CM APPL.48622/2025 & CM

APPL.79311/2025

RUMAN KHAN .....Petitioner

Through: Mr. Ashish Pandey, Adv.

versus

UNION OF INDIA & ORS. .....Respondents

Through: Mr. Shashank Dixit, CGSC for R-1.

Mr Piyush Beriwal, Ms Ruchita Srivastava, MS Neha, Advs. for R-

2&3.

CORAM:

JUSTICE PRATHIBA M. SINGH

JUSTICE SHAIL JAIN

Prathiba M. Singh, J. (Oral)

1. This hearing has been done through hybrid mode.

2. The present Petition has been filed by the Petitioner under Articles 226 and 227 of the Constitution of India inter alia seeking issuance of an appropriate writ for release of the seized gold bar of the Petitioner, which was

allegedly seized by the Respondent on 19th July, 2023.

3. The case of the Petitioner is that he had arrived at Terminal-3, Indira Gandhi International Airport, New Delhi from Saudi Arabia on 19th July, 2023. Further, he was intercepted by the officials from the Department of Customs and a Gold Bar weighing 250 gms was seized by the Customs Authority. According to the Petitioner, his statement was recorded on the same day. However, no Show Cause Notice (hereinafter ‘SCN’) has been

issued. Hence, he prays for the release of his goods i.e, the Gold Bar.

4. On 27^th February, 2025, notice was issued in this Writ Petition and it was directed that if the gold bar has not been disposed of, the same would not be disposed of till the next date. Paragraph 6 of the order dated 27^th February, 2025 reads as under:

“6. If the said Gold Bar has not been disposed of, the same shall not be disposed of till the next date of hearing.”

5. Thereafter, Ld. Counsel for the Respondent had submitted that the gold bar had not been disposed of. The Petitioner was permitted to appear before the Customs Authorities and a hearing was also granted. The Petitioner had then filed the written submissions and the order has also now been passed.

6. The Court has heard the Ld. Counsels appearing for the parties and has also perused the Order-in-Original dated 14^th October, 2025. A perusal of the order would show that the Principles of Natural Justice have been fully complied with.

7. The gold item concerned is a gold metal bar weighing 250 gms which was detained as the Petitioner had passed through the green channel without declaring the same. The Petitioner had also made a statement when he was detained, which has been considered by the Adjudicating Authority.

8. The Petitioner is an Indian national traveling on an Indian passport, and therefore, is an ineligible passenger. The Adjudicating Authority has taken all the relevant provisions into consideration. The finding of the Adjudicating Authority is that the intention of the passenger was to smuggle the goods and Petitioner misused the green channel facility. The relevant paragraph of the said Order-in-Original dated 14^th October, 2025 reads as under:

“9.2 The remarks on Detention Receipt, Passenger's submissions/ admissions made in the statement dated

19.07.2023 indicate and establish without any iota of doubt that the Passenger had crossed the Green Channel, without declaring the Goods in possession to the Customs Officer and the Pax's intention was to smuggle the said goods. As per Circular No. 41/2000- Customs dated 12.05.2000, the norms for screening of Passenger Baggage, who walk through the "Green channel" have been prescribed, but the Pax attempted to misuse the facility. However, on the basis of the profiling of passengers, the Pax was diverted for screening of his baggage followed by DFMD, which resulted in recovery of detained goods from his possession. Thus. he has mis-used the Green Channel facility and violated the provisions of Section 77 of the Customs Act, 1962. There is no challenge to this conclusion by the passenger. at any stage.

9.3.1 In the instant case the passenger is an Indian National holding Indian passport T1376448. A letter was forwarded to the FRRO requesting travel