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2025 DAILYLAW 43754 (DEL)

ANJALI PANDEY v. UNION OF INDIA AND ORS

W.P.(C)/10482/2024 · 2025-01-22

Dharmesh Sharma, Prathiba M Singh

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10482/2024 & CM APPL. 13975/2025 ANJALI PANDEY .....Petitioner Through: Mr. D S Chadha (Advocate). (9818563676) versus UNION OF INDIA AND ORS .....Respondents Through: Mr. Anurag Ojha, Senior standing Counsel with Mr. Subham Kumar, Mr. Vipul Kumar and Mr. Dipak Raj, Advocates (Mob: +916200388793) CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE RAJNEESH KUMAR GUPTA O R D E R % 12.03.2025 1. This hearing has been done through hybrid mode. CM APPL. 13975/2025 (for release of gold jewelry) 2. This is an application filed by the Petitioner in furtherance of the final order dated 22nd January, 2025 passed by this Court. The present application has been filed seeking return of the gold jewellery belonging to the Petitioner which was detained by the Customs Department vide detention receipt dated 13th March, 2024 at T-3 I.G.I Airport, New Delhi. 3. While disposing of this Writ Petition being W.P. (C) 10482/2024 vide order dated 22nd January, 2025, this Court had directed that the seized jewellery of the Petitioner deserves to be released. This Court further directed the same to be released within a period of two weeks from the date of decision being 22nd January, 2025. This Court had further stated that if the said jewellery has been disposed of for any reason, then the value of the seized 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 01/07/2025 at 23:36:48 jewellery as on date shall be paid to the Petitioner within a period of four weeks. If the same is not paid by 15th March, 2025, interest @8% p.a. would also be liable to be paid by the Customs Department. The Petitioner was accordingly directed to collect the seized gold bangles or the monetary compensation, as the case may be, in person from the Customs Department. The operative portion of the said order reads: “Conclusion and Directions 25. Considering the above discussion, the jewellery of the Petitioner which has been seized deserves to be released. Let the same be released within a period of two weeks from today to the Petitioner. 26. If the said jewellery has been disposed of for any reason, then the value of the seized jewellery as on date shall be paid to the Petitioner within a period of four weeks. If the same is not paid by 15th March, 2025, interest @8% p.a. would also be liable to be paid by the Customs Department. 27. The Petitioner shall collect the seized gold bangles or the monetary compensation, as the case may be, in person from the Customs Department.” 4. Mr. Chadha, ld. Counsel appearing for the Petitioner submits that the Petitioner visited Terminal-3, Indira Gandhi International Airport, New Delhi on 04.02.2025 and requested the Respondent to return her jewellery. However, the Respondent refused to release the said gold jewellery to the Petitioner without giving any valid reason for the same. He further submits that in case of failure to release the jewellery, the Respondent was directed to pay the Petitioner the value of the said jewellery. However, the same also not been paid. 5. Mr. Ojha, ld. Counsel for the Respondent submits that as per the order of this Court, the time of payment is till 15th March, 2025. 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 01/07/2025 at 23:36:48 6. This Court notes that the said date of 15th March, 2025 was the outer limit prescribed by the Court and period for return of jewellery was two weeks in case the jewellery was not disposed of. 7. Hence, the Respondent is directed to comply with the order of this Court dated 22nd January, 2025. It is made clear that if the order is not complied with, the concerned official from the Customs Department shall remain present in the Court on the next date of hearing. 8. Mr. Chadha, ld. Counsel for the Petitioner further submits that he visited the warehouse with the Petitioner and the jewellery articles belonging to the Petitioner were lying there. Accordingly, the goods shall be either given to the Petitioner or shall be brought before the Court on the next date of hearing. 9. List on 27th March, 2025. PRATHIBA M. SINGH, J. RAJNEESH KUMAR GUPTA, J. MARCH 12, 2025/dk/ss 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 01/07/2025 at 23:36:48