DHARMIN GIVINSTANDRE RALANSCHI & ORS. v. COMMISSIONER OF CUSTOMS & ANR.
W.P.(C)/6499/2021 · 2026-07-13
Anil Kshetarpal, Shail Jain
Writ Petition (Civil)body2021
DailyLaw.ai
[ 2021 DAILYLAW 2837 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2021 DAILYLAW 2837 (DEL) · dailylaw.ai ]
Judgment text
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$~130 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6499/2021 and CM APPL. 20394/2021 DHARMIN GIVINSTANDRE RALANSCHI & ORS. .....Petitioners Through: Mr. Vikas Bhatia, Ms. Kanika Goswami, Mr. Samarth Sareen, Advs. versus COMMISSIONER OF CUSTOMS & ANR. .....Respondents Through:
CORAM:
HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MS. JUSTICE SHAIL JAIN O R D E R % 13.07.2026
1. The present Writ Petition has been filed by the Petitioners seeking the following prayer:
“a. Issue a writ, order or direction in the nature of mandamus or any other appropriate writ, order or direction to unconditionally release the Gold and set aside the impugned show cause notice dated 24.12.2020 and impugned corrigendum(s) dated 12.03.2021 and 15.03.2021, in the interest of justice.”
2. The Petitioner No.1 is a Portuguese Passport Holder, whereas Petitioner No.2 is an Indian Passport Holder. The Petitioners were intercepted while carrying 2000 grams of Gold Granules. Thereafter, the Petitioners were given a Show Cause Notice on 24.12.2020, which was subsequently corrected on two different occasions i.e. on 12.03.2021 and 15.03.2023. Ultimately, the competent Authority passed an Order-in-Original on 19.05.2021, whereby the seized gold was confiscated.
3. Admittedly, a statutory appeal under Section 128(1) of the 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 15/07/2026 at 12:04:05
Customs Act, 1962 is maintainable against the Order-in-Original dated 19.05.2021.
4.
Learned counsel representing the Petitioners submits that the corrigenda were issued beyond the prescribed time and therefore, the proceedings are without jurisdiction.
5. This Court has considered the submissions made by the learned counsel representing the Petitioners.
6. This aspect can very well be examined by the Appellate Authority, including the question whether the corrections made by way of the corrigenda were substantive or merely formal in nature. In these circumstances, the Petitioners, if so advised, may avail the alternative statutory remedy of appeal.
7. With these observations, the present Writ Petition is disposed of. The pending application also stands closed.
8. Needless to observe that the Petitioner shall be entitled to file an application for exclusion of the period spent in prosecuting the present Writ Petition, i.e. from the date of filing of the Writ Petition till its disposal. Any such application shall be considered by the Appellate Authority in accordance with law.
ANIL KSHETARPAL, J.
SHAIL JAIN, J.
JULY 13, 2026 jai/ad 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 15/07/2026 at 12:04:05