Delhi High Court Refuses To Entertain Saudi Arabia Returnee's Plea Seeking Release of 100 Grams Gold Bar Seized By Customs Dept.

The Delhi High Court declines to entertain a petition seeking the release of a 100-gram gold bar seized by the Customs Department and a detention receipt for the same. However, the Court allows the petitioner to challenge the Order by way of an appeal.

In the earlier order dated 29th May 2025, the Court directed that, as the six months for issuing a show cause notice had lapsed, a personal hearing should be given to the Petitioner. In an order dated 28th July,2025 Customs Authority denied the 'Free Allowance' and declared him an ‘ineligible Passenger’, also imposed a penalty of Rs. 20,000/-.

A Bench of Justice Prathiba M. Singh and Justice Anish Dayal Said that, “Considering the nature of the gold item and the fact that the Order-in-Original is an appealable order, this Court is not inclined to entertain the present writ petition. The Petitioner is, however, free to challenge the Order-in-Original by way of an appeal.”

Adding to this Delhi High Court noted that, “ If the said appeal is filed by 20th September, 2025, the same shall not be dismissed as being barred by limitation and shall be adjudicated on merits. Moreover, if the said appeal is filed by 20th September, 2025, the same shall be adjudicated by 30th November, 2025.”

Advocate Richa Kumari appeared for the Petitioner, while the Senior Standing Counsel Akshay Amritanshu appeared for the Respondent.

Brief Facts

The Petitioner is an Indian national who travelled from Saudi Arabia to Delhi. He had purchased a gold bar of 100 grams in Saudi Arabia and was carrying it to India. Upon arrival at the Indira Gandhi International Airport, New Delhi. The Petitioner approached the red channel to declare the said gold bar. However, the same was seized by the Customs Department, and a detention receipt was issued for the same.

Cause Title: Mohammad Afsar Khan v. Commissioner of Customs (W.P.(C) 13423/2025)

Appearence

Petitioner Advocate Richa Kumari and Advocate Pawan.

Respondent Senior Standing Counsel Akshay Amritanshu and Advocate Drishti Saraf.

Click here to read/ download the order