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2025 DAILYLAW 58794 (DEL)

SAKHINA ABBASI DUNGARPURWALA v. COMMISSIONER OF CUSTOMS & ANR.

W.P.(C)/18903/2025 · 2025-12-12

Prathiba M Singh, Shail Jain

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~50 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 18903/2025 SAKHINA ABBASI DUNGARPURWALA .....Petitioner Through: Mr. Rony Oommen John, Mr. Sanjay Abbot, Mr. AmayBahri, Advs. versus COMMISSIONER OF CUSTOMS & ANR. .....Respondents Through: Mr. Piyush Beriwal, Adv. CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE SHAIL JAIN O R D E R % 12.12.2025 1. This hearing has been done through hybrid mode. CM APPL. 78695/2025 (for exemption) 2. Allowed, subject to all just exceptions. The application is disposed of. W.P.(C) 18903/2025 & CM APPL. 78694/2025 (for interim stay) 3. The present petition has been filed by the Petitioner under Article 226 and 227 of the Constitution of India, inter alia, assailing the impugned Order-in-Original dated 20th June, 2025 passed by the Additional Commissioner of Customs, IGI Airport, Terminal-3, New Delhi (hereinafter, ‘impugned OIO’). 4. Vide the impugned OIO, absolute confiscation of one gold kadaand one gold pendant weighing a total of 309 grams (hereinafter, ‘gold items’) has been directed. 5. The case of the Petitioner is that the impugned OIO was delivered to 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 16/12/2025 at 13:01:22 her address in India, after she had left for Kuwait. As she primarily resides in Kuwait, she did not have knowledge of the impugned OIO. 6. Issue Notice. Mr. Piyush Beriwal, ld. Counsel for the Respondents is requested to accept notice. 7. Considering the circumstances, the reason for delay is duly explained. The Petitioner is accordingly permitted to file an appeal under Section 128 of the Customs Act, 1962 challenging the Impugned OIO. 8. The Petitioner is granted time till 15th January, 2026 to file the appeal, in accordance with law. 9. If the appeal is filed by 15th January, 2026, it shall be adjudicated on merits and shall not be dismissed on the ground of limitation. 10. A personal hearing notice shall be served to the Petitioner on the following:  E-mail- rony@rojlaw.com and amay@rojlaw.com  Mobile Number- 9899959449 11. The petition is disposed of in these terms. Pending applications, if any, are also disposed of. PRATHIBA M. SINGH, J. SHAIL JAIN, J. DECEMBER 12, 2025/tg/sm 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 16/12/2025 at 13:01:22