Delhi High Court

W.P.(C)/14342/2026 of SARBEN SINGH SAMBY Vs UNION OF INDIA AND ORS on 6 October 2026

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HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010467012026 + W.P.(C) 14342/2026 SARBEN SINGH SAMBY .....Petitioner Through: Mr. Kshatrshal Raj, Adv. versus UNION OF INDIA AND ORS .....Respondents Through: Mr. Kshitij Chhabra, SPC for UOI with Mr.Nring Zaliang, GP with Mr. Abhijeet Vikram Singh,

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IN THE HIGH COURT OF DELHI AT NEW DELHI

CNR No. DLHC010467012026

+

W.P.(C) 14342/2026

SARBEN SINGH SAMBY

.....Petitioner

Through:

Mr. Kshatrshal Raj, Adv.

versus

UNION OF INDIA AND ORS

.....Respondents

Through:

Mr. Kshitij Chhabra, SPC for UOI

with Mr.Nring Zaliang, GP with Mr.

Abhijeet Vikram Singh, Advs.for R-1

Mr. Gibran Naushad, SSC with Mr.

Suraj Shekhar Singh, Mr. Hasan

Haider, Mr. Anish Mishra, Advs.

CORAM:

HON'BLE MR. JUSTICE AVNEESH JHINGAN

HON'BLE MS. JUSTICE SHAIL JAIN

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O R D E R

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06.10.2026

1. This writ petition is filed seeking directions to respondent no.4 for compliance of the order No.302/26-Cus dated 31.07.2026 passed by respondent no.1 and to release the seized gold Kada weighing 152 grams.

2. The brief facts are that the petitioner on 04.03.2024 arrived from the United Kingdom through Dubai at IGI Airport, Terminal – 3, New Delhi. The petitioner while coming out through green channel was intercepted by the customs officials and it was found that the weight of the gold kada worn was beyond the permissible limit. Detention Receipt (DR) no.28097 dated 05.03.2024 was issued to the petitioner. The Order-in-Original no. 1579/28097/05.03.2024/WH/2024-25 (hereinafter referred to as ‘OIO’) dated 31.05.2025 was passed denying the free allowance and confiscation was ordered with an option to redeem the confiscated goods subject 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 12/10/2026 at 11:36:06

payment of fine of Rs.1,10,000/- under Section 125 of the Customs Act, 1962 (hereinafter referred to as the Act) and a penalty of Rs.88,000/- was imposed under Section 112 of the Act.

3. The department failed in the first appeal and the revision.

4. The grievance in the petition is that despite the dismissal of the first appeal and the revision, the OIO has not been complied with.

5. Learned counsel for the respondent on instructions contends that the order for revision has been sent for acceptance and the entire process would be completed within three weeks.

6. In view of the abovesaid statement, this writ petition is disposed of directing the respondent no.3/Commissioner of Customs that in the eventuality that there is no interim protection in favour of the department with regard to implementation of OIO, on compliance of the conditions imposed in the OIO, the detained goods shall be released within four weeks from today. AVNEESH JHINGAN, J SHAIL JAIN, J OCTOBER 6, 2026 Pallavi 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 12/10/2026 at 11:36:06

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