$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4962/2025 HARIS ASLAM .....Petitioner Through: Ms. Richa Kumari, Adv. (Mob:8766321884) versus COMMISSIONER OF CUSTOMS .....Respondent Through: Mr. Avijit Dikshit, Adv. CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE RAJNEESH KUMAR GUPTA O R D E R % 21.05.2025 1. This hearing has been done through hybrid mode. CM APPL. 30489/2025 in W.P.(C) 4962/2025 2. This is an application under Section 151 of the Code of Civil Procedure, 1908, inter alia, seeking release of the detained goods, being one gold ring weighing 20 grams and a gold chain weighing 137 grams (hereinafter <the detained goods=), in compliance of the order dated 23rd April, 2025. Vide the said order the Court had directed release of the detained goods. The operative portion of the said order reads as under: <11. Moreover, once the Commissioner of Customs (Appeals) has also allowed redemption, the decision to file revision cannot be a ground to withhold the release of the goods. Further, there is no stay which has been granted by the Commissioner of Customs (Appeals). 12. This Court is of the opinion that the items deserve to be released to the Petitioner in terms of the OIA dated 29th January, 2025. 13. Under these facts and circumstances, no warehouse 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 20:07:59 charges shall be collected from the Petitioner. 14. The Petitioner shall deposit the redemption and penalty within one week as per the OIA. 15. After verifying the credentials of the Petitioner or Authorized Representative of the Petitioner, the goods shall be released to the Petitioner.= 3. The grievance of the Petitioner is that despite the orders passed by this Court, the detained goods are not being released and warehouse charges are also being collected. 4. Ms. Richa Kumari, ld. Counsel for the Petitioner submits that an email has been received from the Customs Department that the goods will be released. 5. It is made clear that no warehouse charges will be collected by the Central Warehousing Corporation (hereinafter <CWC=). It is the grievance of almost all the Petitioners in Court that despite specific orders being passed waiving the storing charges/ warehouse charges, the CWC is not complying with the same. 6. This court observes that the primary obligation rests with the Customs Department to ensure that no warehouse charges are collected from the Petitioner. 7. In the connected batch matters, on 19th May, 2025, Ms. Anjali Ralhan, Assistant Manager, CWC, was present in Court and it was made clear to her that no charges ought to be collected, if directed by the Court. The said official had responded by stating that charges are being collected at the time of release of the detained goods, however, upon the order being submitted, the file is processed and thereafter refund is considered by the CWC. 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 20:07:59 8. This procedure and mechanism are completely unacceptable. Once the Court has ordered that no storage / warehouse charges shall be collected or a percentage of storage/warehouse charges shall be collected, in terms of the order of the Court, both the concerned Commissioner, Customs Department and the CWC are duty bound to release the goods without violating the order. 9. It is made clear that the Court would not hesitate in taking action against officials of both Customs Department and CWC, who are found deliberately not complying with its orders. 10. Registry to communicate this order to the Customs Department, the Managing Director, CWC & the Manager (Commercial) CWC for necessary information and compliance. 11. The application is disposed of in the aforesaid terms. PRATHIBA M. SINGH, J RAJNEESH KUMAR GUPTA, J MAY 21, 2025 kk/msh 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 20:07:59