$~5(SDB) & 6(SDB) * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9858/2025 & CM APPL. 51968/2025 RAJESH GADIYA .....Petitioner Through: Mr. Prem Ranjan Kumar, Adv. [M: 9310143231]. versus THE ADDITIONAL COMMISSIONER OF CUSTOMS .....Respondent Through: Mr. Harpreet Singh, SSC with Mr. Jai Ahuja, Mr. Sanidhya Sharma and Ms. Shivali Saxena, Advs. 6(SDB) WITH + W.P.(C) 9899/2025 & CM APPL. 51963/2025 RAJESH GADIYA .....Petitioner Through: Mr. Prem Ranjan Kumar, Adv. versus THE ADDITIONAL COMMISSIONER OF CUSTOMS .....Respondent Through: Mr. Harpreet Singh, SSC with Mr. Jai Ahuja, Mr. Sanidhya Sharma and Ms. Shivali Saxena, Advs. JUSTICE PRATHIBA M. SINGH JUSTICE RAJNEESH KUMAR GUPTA O R D E R % 22.08.2025 1. This hearing has been done through hybrid mode. CM APPL. 51968/2025 (for modification) in W.P.(C) 9858/2025 CM APPL. 51963 /2025 (for modification) in W.P.(C) 9899 /2025 2. These two applications have been filed by the Petitioners under Section 151 of the Code of Civil Procedure, 1908 seeking reduction or waiver of the payment of Rs. 1 Crores as pre-deposit in availing of its appellate remedy. 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 26/08/2025 at 12:07:47 3. Mr. Prem Ranjan Kumar, ld. Counsel for the Petitioner submits that the Petitioner’s financial condition is quite precarious and he is unable to arrange for the said amount. Ld. Counsel further submits that at the moment, the Petitioner can arrange for a total of Rs. 25 lakhs within the next one month and he may be permitted to file the appeal by paying the said amount. 4. This Court had vide a detailed order on 17th July, 2025 reduced the pre- deposit to Rs. 1 Crore as against the actual pre-deposit which would have been required to be made in terms of the provisions of the statute. The same would have been above Rs. 5 Crores and has already been reduced to 1/5th by this Court. 5. Further, considering the manner in which cigarettes etc., were sought to be smuggled and the Petitioner was one of the persons who introduced all the parties to each other, the Court is not inclined to grant any further reduction on the pre-deposit. However, in view of the extenuating circumstances, the appeal may be filed by the Petitioner within one month with the pre-deposit of Rs. 25 lakhs. The remaining amount i.e., Rs. 75 lakhs shall be deposited by the Petitioner within six months. 6. The application is disposed of in the above terms. PRATHIBA M. SINGH, J. RAJNEESH KUMAR GUPTA, J. AUGUST 22, 2025 dj/ck 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 26/08/2025 at 12:07:47