Disposed

Gurveer Kaur & Anr. v. the Commissioner of Customs

Delhi HC8 Aug 2025W.P.(C)/11153/2025

Case brief

AI extract

What is this about?

Writ petition challenging Customs' intimation for disposal of petitioners' gold items issued despite earlier Court orders. The officer responsible appeared, stated no disposal steps were taken and the notice was an error. Gold is not to be disposed of pending adjudication of the show cause notice; petition disposed of.

What did the court decide?

Gold not to be disposed of till SCN adjudicated; compliance with 26 May 2025 order directed; communications via given email/mobile.

Gurveer Kaur & Anr. Vs the Commissioner of Customs — Customs and Excise | Delhi HC (2025)

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$~10

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 11153/2025 & CM APPL. 45788/2025 GURVEER KAUR & ANR. .....Petitioners

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Through: Mr. Jagdeep Singh, Adv.

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versus

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THE COMMISSIONER OF CUSTOMS .....Respondent Through: Mr. Aditya Singla, SSC, CBIC with Ms. Arya Suresh Nair, Ms. Shreya Lamba & Mr. Ritwik Saha, Advs. Mr. Anil Kumar, Superintendent, (Preventive) Office

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CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE RENU BHATNAGAR O R D E R % 08.08.2025

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This hearing has been done through hybrid mode.

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The present petition has been filed by the Petitioners under Article 226 of the Constitution of India, inter alia , assailing the recent intimation for disposal of the following gold items:

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two gold bangles, weighing 100 grams each and;

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a gold kada weighing 226 grams.

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On the last date i.e., 30th July, 2025, the Court upon noticing that the impugned intimation was clearly in violation of the specific directions of this Court vide Order dated 26th May, 2025 passed in WP (C) 7243 /2025 titled ' Gurveer Kaur & Anr. V. The Commissioner of Customs ' had directed the concerned officer who issued the impugned intimation to be present in Court in the following terms:

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This is a digitally signed order.

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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 12/08/2025 at 12:59:07

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“7. In the opinion of this Court, there can be no doubt that such an intimation which has been given is in the teeth of the order dated 26th May, 2025 passed by this Court. The concerned official of the Customs Department would be actually responsible for stringent action for not having complied with the order passed by this Court. Moreover, despite repeated directions, the Customs Department does not give the name of the officer concerned, who is signing such notices and communications.

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8. Accordingly, let the concerned Air Customs Superintendent (Office Preventive), who has signed the intimation dated 08th July, 2025 join the proceedings either physically or virtually on the next date of hearing.

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9. In the meantime, the intimation for disposal of the goods is stayed. 10. The Customs Department shall ensure that the gold items of the Petitioner are not disposed of.

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11. List on 08th August, 2025.”

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Pursuant to the directions in the above order, Mr. Anil Kumar, Superintendent, (Preventive) Office is present virtually before the Court and submits that no steps are taken for disposal of the gold. It was because of an error that the said notice was issued to the Petitioner. Accordingly, it is made clear that the gold shall not be disposed of till the Show Cause Notice is adjudicated.

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The directions in terms of order dated 26^th May 2025 shall be compiled with by the Respondent-Customs Department.

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Any notices for hearing or other communications shall be communicated on the Petitioner on the following email address and mobile No.:

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Email: [email protected]

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Mob: 7982939914

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This is a digitally signed order.

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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 12/08/2025 at 12:59:07

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The writ petition is disposed of. Pending applications, if any, are also disposed of.

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PRATHIBA M. SINGH, J

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RENU BHATNAGAR, J

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AUGUST 8, 2025 kk/Ar.

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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 12/08/2025 at 12:59:07

Gurveer Kaur & Anr. v. the Commissioner of Customs

Case brief

What is this about?

What did the court decide?

Gurveer Kaur & Anr. v. the Commissioner of Customs

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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