The Delhi High Court has declined to interfere in the detention of silver-coated gold kada as the traveller admitted that he was paid Rs. 50,000 to carry it.
The Division Bench of Justice Prathiba M. Singh and Justice Shail Jain has allowed a passenger to challenge the customs authorities’ confiscation of a silver-coated gold kada weighing 255 grams, which was seized upon his arrival from Dubai at the Indira Gandhi International Airport in August 2022.
The petitioner, Vikramjeet Masih had argued that since no Show Cause Notice was issued to him within the statutory time period under Section 110(2) of the Customs Act, the seized item should be released, relying on the Supreme Court’s recent judgment in Union of India & Anr. v. Jatin Ahuja (2025).
However, the Court observed that the facts in the present case were materially different. The petitioner had, at the time of seizure, given a voluntary statement under Section 108 of the Customs Act acknowledging that the ornament did not belong to him. He stated that it was handed over to him in Dhaka by a person known as “Dada” in return for ₹50,000, and that it was to be collected from him in India by an unknown person. He had further admitted that he intentionally did not declare the item and agreed to pay any duty, fine, or penalty.
The Customs Department informed the Court that an adjudication order was passed on June 28, 2023, ordering absolute confiscation of the kada and imposing a penalty of â‚ą31,632 on the petitioner. Since the petitioner did not participate in the proceedings, the order was passed ex-parte.
Taking note of this, the Court held that the issue was now within the appellate framework of the Customs Act and did not warrant interference under writ jurisdiction. It directed the petitioner is permitted to file an appeal within two months challenging the confiscation order. If the appeal is filed within this period, it shall be decided on merits, without dismissing it on the ground of limitation. The appellate authority must decide the appeal within four months.
The Court declined to order release of the gold kada at this stage, stating that questions regarding ownership, intent, and the petitioner’s admitted statements must be examined by the appropriate authority under the statutory process.
The Court permitted the passenger to file an appeal against the Order-in-Original passed in June 2023, noting that he may not have been aware of the order earlier.
Case Details
Case Title: Vikramjeet Masih Versus Commissioner Of Customs
Case No.: W.P.(C) 16313/2025
Date: 28/10/2025
Counsel For Petitioner: Richa Kumari, Adv.
Counsel For Respondent: Gaurav Mani Tripathi
