2025 (5) TMI 2025

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.... 226 of the Constitution of India, inter alia, seeking issuance of an appropriate writ directing the Respondent No. 1 - Commissioner of Customs (Appeal), Customs House, IGI Airport to decide the appeal filed by the Petitioner assailing the Order-in-Original bearing no. 107/ADJ/2021 dated 31st March 2021 passed by the Respondent No. 2 - Joint Commissioner of Customs, Terminal-3, IGI Airport. 3. According to the Petitioner, she is a Canadian citizen, who arrived in India from Dubai on 18th August, 2019. The Petitioner, who is also a senior citizen, while travelling from Dubai to India was wearing 14 gold bangles weighing 1110 grams. The said bangles are stated to belong to the Petitioner's mother-in-law. Further, the same are stated to be ....

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....n-Original was passed in a pre-decided manner. 6. The Petitioner has appealed against this Order-in-Original before the Respondent No.1 on 25th June, 2021. 7. Further, on 17th April, 2025, when the matter was taken up for hearing, it was submitted by Mr. Malhotra, ld. Counsel for the Petitioner that the hearing notice has now been received and the hearing has been fixed for 21st April, 2025. 8. The Court then, on 17th April, 2025, recorded that such a long gap in passing of the Order-in-Original and fixing of personal hearing shall, that too in a case of seizure of jewellery of a foreign resident, would be completely unacceptable. The relevant portion of the said order is extracted hereunder for ready reference: "8. Today,....

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....on on payment of redemption fine of Rs.3,80,000/-(Rupees Three Lakh Eighty Thousand only) under Section 125 of the Customs Act, 1962 along with applicable Customs duty. The penalty on the appellant is reduced to Rs.3,50,000/- (Rupees Three Lakh Fifty Thousand Only) to be imposed under Section 112 (a) & 112 (b) of the Customs Act, 1962. The Appeal is disposed off with such modifications and consequential relief as above." 11. As can be seen from the above, the Petitioner has been permitted to seek release of the goods, subject to payment of redemption fine of Rs. 3,80,000/-, applicable customs duties and penalty of Rs. 3,50,000/-. 12. Ld. Counsel for the Petitioner submits that the Petitioner is willing to undertake to re-export of the....