The Delhi High Court has issued a contempt notice and ordered the issuance of a bailable warrant against the Dheeraj Rastogi, Principal Commissioner of Customs at IGI Airport for alleged non-compliance with its earlier directions to release a confiscated gold chain to a passenger, Aditya Kaushik.
The bench of Justice Nitin Wasudeo Sambre and Justice Ajay Digpaul has directed issuance of a bailable warrant in the sum of Rs. 5 against the officer and instructed the DCP, IGI Airport, to execute the warrant and file an affidavit of compliance.
The matter arises from the detention and confiscation of a 100-gram gold chain valued at ₹6,24,631 recovered from the petitioner at IGI Airport. The order-in-original dated May 1, 2024, had denied the benefit of “free allowance” to the passenger for failing to declare the goods and declared him an “ineligible passenger” under Notification No. 50/2017-Customs read with the Baggage Rules, 2016.
The adjudicating authority ordered confiscation of the gold chain under Sections 111(d), 111(j) and 111(m) of the Customs Act, 1962, but granted an option to redeem the goods upon payment of a redemption fine of ₹75,000 along with applicable customs duty. A penalty of ₹62,000 was also imposed under Section 112(a) and (b) of the Act.
Subsequently, by an order dated December 18, 2025, the High Court directed release of the gold chain to the petitioner subject only to payment of the redemption fine of ₹75,000 and applicable warehousing charges as on the date of detention. The Court had recorded that the petitioner’s case appeared genuine and laid down a procedure for verification before the Customs Department.
When the petitioner moved an application seeking enforcement of the December 18 order, the Court found that the Customs Department had failed to comply with its directions even after the stipulated date in early January 2026.
In an earlier order dated February 17, 2026, the Bench had expressed prima facie dissatisfaction with the lack of compliance and directed the Commissioner to respond. The Court had even indicated that contempt proceedings may be initiated.
In response, the Principal Commissioner of Customs filed an affidavit stating that a revision under Section 129DD of the Customs Act, 1962, had been filed and that notices in the revision were issued in May 2025. The Department admitted fault in not bringing the pendency of the revision to the Court’s notice but alleged that the petitioner had also failed to disclose the same and was pursuing parallel proceedings.
However, the Court noted that the order directing release of goods still stood, and the Department had neither obtained a stay from the revisional authority nor imposed additional conditions through any competent forum.
The Bench observed that despite being granted an opportunity, the Department had not taken effective steps toward compliance and instead sought to shift blame to the petitioner. It held that the conduct of the Principal Commissioner appeared, prima facie, to show “disrespect and disregard” for the Court’s orders dated December 18, 2025 and February 17, 2026.
Taking a serious view of the matter, the High Court issued notice of contempt under the Contempt of Courts Act, 1971, to Mr. Dheeraj Rastogi, Principal Commissioner of Customs, asking why charges should not be framed against him.
Additionally, the Court issued a show cause notice as to why disciplinary proceedings should not be initiated against the officer and why an adverse entry should not be made in his service record for serious misconduct.
The matter has been fixed for March 18, 2026, at 2:30 PM, with a direction for the physical presence of the Principal Commissioner.
Interestingly, after the order was dictated in open court, counsel for the Customs Department mentioned the matter again in the presence of the concerned officer and assured the Bench that all efforts would be made to release the goods by the end of the day and report compliance by the following afternoon.
The Court kept its earlier dictated order in abeyance temporarily and listed the matter for further hearing on February 26, 2026.
Case Details
Case Title: ADITYA KAUSHIK Versus COMMISSIONER OF CUSTOMS
Case No.: W.P.(C) 6416/2025
Date: W.P.(C) 6416/2025
Counsel For Petitioner: Pawan
Counsel For Respondent: Piyush Beriwal
