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* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 7637/2025

SHABNAM PARVEEN .....Petitioner

Through: None.

versus

THE COMMISSIONER OF CUSTOMS & ORS. .....Respondents

Through: Mr. Aditya Singla, SSC, CBIC with

Ms. Arya Suresh Nair, Mr. Ritwik

Saha and Mr. Umang Misra, Advs.

(M:7558898905)

CORAM:

JUSTICE PRATHIBA M. SINGH

JUSTICE RAJNEESH KUMAR GUPTA

O R D E R

% 22.12.2025

1. This hearing has been done through hybrid mode.

CM APPL.66133/2025 (for recall of order dated 28.05.2025) in W.P.(C)

7637/2025

2. The present application has been filed by the Petitioner under Section

151 of the Code of Civil Procedure, 1908, inter alia, seeking recall of order

dated 28th May, 2025.

3. A brief background of the present case is that, the Petitioner had filed

the present petition seeking release of the gold bars weighing a total of 300

gm (hereinafter, ‘detained articles’) of the Petitioner which were detained by

the Customs Department vide detention receipt dated 10th May, 2022.

4. The Petitioner, being an Indian citizen, was travelling from Thailand to

Delhi on 10^th May, 2022. Upon her arrival at the Indira Gandhi International

Airport, Terminal-3, New Delhi, the detained articles were seized by the

concerned officials of the Customs Department.

W.P.(C) 7637/2025 Page 1 of 5

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The Order is downloaded from the DHC Server on 20/01/2026 at 00:03:47

5. Subsequently, an Order-in-Original was passed by the Joint

Commissioner of Customs, Terminal-3, Indira Gandhi International Airport,

New Delhi on 4^th August, 2022 (hereinafter, ‘OIO’) to the following effect:

“ORDER

i) I deny the ‘Free Allowance’ if any admissible to the

Pax Ms Shabnam Parveen 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, the Pax Ms Shabnam

Parveen 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 absolute confiscation of the above said

“Two Gold pieces having purity 24kt and weighing

300 gms.” valued at Rs 14,58,557/-(Rupees

Fourteen Lakh Fifty Eight Thousand Five Hundred

Fifty seven Only) (as on 10.05.2022) recovered

from the Pax Ms Shabnam Parveen, under Section

111(d), 111(j), 111(l) & 111(m) of the Customs Act,

1962;

iv) I also impose a penalty of Rs 2,25,000/- (Rupees

Two Lakh Twenty Five Thousand Only) on the Pax

Ms Shabnam Parveen under Section 112 of the

Customs Act, 1962.

v) I also impose a penalty of Rs 2,25,000/- (Rupees

Two Lakh Twenty Five Thousand Only) on the Pax

Ms Shabnam Parveen under Section 114AA of the

Customs Act, 1962.”

6. It is the case of the Petitioner that the OIO has been passed without the

issuance of any Show Cause Notice or personal hearing notice. Thus the same

is liable to be set aside.

W.P.(C) 7637/2025 Page 2 of 5

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The Order is downloaded from the DHC Server on 20/01/2026 at 00:03:47

7. Thereafter, the OIO was challenged by the Petitioner before the

Appellate Authority and the Appellate Authority, while modifying the OIO

has allowed the release of the detained articles vide order dated 9^th May, 2023

(hereinafter, ‘OIA’) in the following terms:

“ Order

6.0 In light of discussions and findings as above, I

partially allow the appeal against O-in-O No.

154/2022-23 dated 08.08.2022 and order that the

impugned Gold collectively weighing 300 grams, valued

at Rs.14,58,557/- be released on payment of redemption

fine of Rs.1,46,000/- under Section 125 of the Customs

Act, 1962. The penalty under Section 112 and 114AA of

the Customs Act, 1962 is reduced to Rs.1,46,000/-. The

Appeal is disposed with such modificatio