$~54 & 55 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2379/2025 MR. NILESH ARVIND PAWAR .....Petitioner Through: Dr. Arka Pratim Chowdhury and Ms. Puja Rajbhor, Advocates. versus UNION OF INDIA & ANR. .....Respondents Through: Ms. Pushti Gupta, SPC with Ms. Diksha Jindal, Advocate for R-1. Mr. Aniruddha Deshmukh, Sr. Standing Counsel for R-2/DRI. 55 + W.P.(CRL) 2380/2025 MR. NILESH ARVIND PAWAR .....Petitioner Through: Dr. Arka Pratim Chowdhury and Ms. Puja Rajbhor, Advocates. versus UNION OF INDIA & ANR. .....Respondents Through: Ms. Pushti Gupta, SPC with Ms. Diksha Jindal, Advocate for R-1. Mr. Aniruddha Deshmukh, Sr. Standing Counsel for R-2/DRI. CORAM: HON’BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV O R D E R % 29.07.2026 1. The petition bearing no. W.P.(CRL) 2379/2025 is for the following 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 01/08/2026 at 11:39:30 reliefs: “a) Issue a writ in the nature of Mandamus or any other appropriate writ, order or direction directing the Respondents to release and restore to the Petitioner the seized gold weighing 1516.5 grams, being the lawful property of the Petitioner and not liable to confiscation; b) Declare the continued confiscation and non-release of the gold as illegal, arbitrary, and violative of the Petitioner's rights under Articles 14, 19( l )(g), and 3 DOA of the Constitution of India; 2. The petition bearing no. W.P.(CRL) 2380/2025 is for the following reliefs: “a. Issue a writ in the nature of Certiorari, or any other appropriate writ, order, or direction, quashing the impugned Show Cause Notice dated 03.07.2023 and all consequential proceedings initiated against the Petitioner by the Respondents; b. Issue an order, or direction, restraining the Respondents from taking any coercive or adverse action against the Petitioner during the pendency of the present writ petition Crl.” 3. Upon perusal of the facts, it appears that the petitioner in these writ petitions, is aggrieved by the seizure of the gold and further action taken pursuant thereto by the respondent no. 2 i.e. Directorate of Revenue Intelligence (DRI). 4. It, however, has been pointed out by learned counsel appearing for the DRI that show-cause notice dated 03.07.2023 has already culminated into passing of the final order dated 21.03.2025. 5. A reading of the final order would indicate that the Competent Authority has directed for absolute confiscation of the gold and further action as required under the provisions of the Customs Act, 1962 and the rules made thereunder. For the sake of clarity, paragraph no. 25 of the order dated 21.03.2025 is extracted as under: “25. In view of the foregoing discussions and findings, I pass the following order: - 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 01/08/2026 at 11:39:30 ORDER (i) I order for absolute- confiscation of 26 nos. of gold plates/cul-pieces collectively weighing 1516.5 Grams having total market value of Rs.83,88,634/-(Eighty Three Lakhs Eighty Eight Thousand and Six Hundred Thirty Four), seized vide Seizure Memo dated 06.01.2023 under Section 11 l(b) and ·Section 111 (d) of the Customs Act, 1962 and the packing and concealing material used for packing, concealment and transportation of the seized gold under Section 118 and Section 119 or the Customs Act, 1962 respectively for the acts of omission and/or commission as brought out in the foregoing paras. (ii) I impose a penalty of Rs.9,00,000/-(Rupees Nine Lakh only) under Section JI 2(b)(i) of the Customs Act, 1962 upon Ms. Jyoti Joshi, for the acts of omission and/or commission as brought out in the foregoing paras. (iii) I impose a penalty of Rs.15,00,000/-(Rupees Fifteen Lakh only) under Section 112(b)(i) of the Customs Act, 1962 upon Sh. Nilesh Arvind Pawar, being the owner of the seized gold, mastermind and key beneficiary of the gold smuggling syndicate for the acts of omission and/or commission as brought out in the foregoing paras. (iv) I impose a penalty of Rs.9,00,000/-(Rupees Nine Lakh only) under Section 112(6 )(i) of the Customs Act, 1962 upon Sh. Lokesh Kumar, for the acts of omission and/or commission as brought out in the foregoing paras. (v) I impose a penalty of Rs .9,00,000/-(Rupees Nine Lakh only) under Section l 12(b)(i) of the Customs Act, 1962 upon Sh. Jambu Kumar Jain, for the acts of omission and/or commission as brought out in the foregoing paras.” 6. It remains undisputed that the aforesaid order dated 21.03.2025 has not been challenged by the petitioner. In absence of their being a challenge to the aforesaid order, the prayers made in both the afore-captioned writ petitions cannot be acceded to. 7. In view of the aforesaid, the writ petitions stand dismissed. The petitioner is, however, granted liberty to take appropriate recourse in accordance with law. PURUSHAINDRA KUMAR KAURAV, J JULY 29, 2026 aks 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 01/08/2026 at 11:39:30