$~57 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 12554/2019 & CM APPL. 15829/2025 SHADAB ALI KHAN .....Petitioner Through: Ms. Sanita Bhayana, Adv. versus COMMISSIONER OF CUSTOMS .....Respondent Through: Mr. Akshay Amritanshu, Senior Standing Counsel CBIC, Ms Drishti Saraf & Ms Pragya Upadhyay, Advs. (M: 9931282222) CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE RAJNEESH KUMAR GUPTA O R D E R % 19.03.2025 1. This hearing has been done through hybrid mode. CM APPL. 15829/2025 (for modification) in W.P.(C)-12554/2019 2. The present application has been filed by the Petitioner- Shadab Ali Khan under Section 151 of the Code of Civil Procedure, 1908 seeking modification of order dated 20th February, 2025. 3. The prayer of the Petitioner is for the reduction in the redemption fine and the penalty imposed by this Court vide order dated 20th February, 2025. 4. The reduction is being sought on various personal reasons and medical emergencies in the family of the Petitioner as also the marriage of the daughter of the Petitioner due to which he is unable to arrange Rs. 38,00,000/- which has to be paid. The Petitioner himself is present in Court. 5. In the opinion of this Court, the duty has already been waived and the gold is being released for re-export subject to payment of redemption fine and penalty. The operative portion of the order dated 20th February, 2025 reads as under: 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 02/07/2025 at 00:11:55 “15. This, according to the Court, would be too heavy a burden on the Petitioner considering the facts and circumstances of this case. Accordingly, keeping in view the rationale behind Section 80 of the Customs Act, 1962, it is directed that the gold ought to be released to the Petitioner for re-export, subject to: (i) payment of redemption fine of Rs.31,00,000/- and; (ii) penalty of Rs.7,00,000/- respectively. 16. Since the goods have been permitted to be re- exported, no customs duty would be liable to be paid. Further the amount of 7.5% which was deposited by the Petitioner for filing the appeal shall also be adjusted against the Penalty and fine imposed. 17. Let the goods be released to the Petitioner personally within four weeks from the release of this order subject to his payment of the fine and the penalty for the purposes of re-export.” 6. As per the above order, four weeks time was given to the Petitioner to get the goods released on payment of the redemption fine and the penalty. 7. Considering the personal circumstances of the Petitioner, the Petitioner is permitted to deposit the said amount within three months subject to which the gold shall be released for the purpose of re-export. Waiver or reduction of the fine and penalty would not be permissible. 8. No further orders are called for. Application is disposed of. PRATHIBA M. SINGH, J RAJNEESH KUMAR GUPTA, J MARCH 19, 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 02/07/2025 at 00:11:55