WP/32216/2024 of Smt. Fariya Khaleed Vs The Principal Commissioner on 12 March 2026

1. The Principal Commissioner, HYderabad Customs Com No. 808,7th Floor, GST Bhavan, L.B. Stadium Road, erabad.

2. Deputy/Assistant Shamshabad, Commissioner of Customs, Rajiv G Airport, Hvderabad - 500049.

3. The Air Customs Superintendent Commissioner of Customs, Rajiv , Air lntelligence Unit- C Gandhi lnternational Ai Hyderabad - 500049 Petition under Article 226 of the' Constitution of circumstances stated in the affidavit filed therewith, Hvd The pleased to issue a writ order, or direction more particularly one rn nature of writ Mandamus declaring the action of the respondents 2 and 3 in the 4 Flat bars, 4 Jumkis, 3 Lockets and 1 Ring weighing 388.6 Grams; belonging to the petitioner, inspite of petitioner producing Tax lnvoice No B00763, bars, 4 Jumkis, 3 Lockets and 1 Ring weighing 388.6 Grams by collecting the requisite custom duty. . 1. .-ir::,--:..i.' r .i ri'-r r .:'t .-l ., .. :..- . , ... .-,.i.- :,t. ',''r; *:"":ir'1i'-. ;,'. ..,. ;1.,;.i. .,".. , , . :-j. r;,:r.;,ir. ' -, :. :i: r.:':t:J'.: :.i 'r. i F;;+.f;di*$tffit* iff 3a{N,[gd$i g i,,, ot lA NO: 1 OF 2:024 Petitior under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents more particularly Respondent No. 2 and 3, to release the seized gold bars, by 4 Flat bars, 4 Jumkis, 3 Lockets and 1 Ring weighing 388.6 Grams by collecting t're requisite custom duty, pending disposal of the Writ Petition. lA NO: 1 OF 2025 Petition underSection 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to extend the intr:rim orders granted in WP No. 32216 of 2O24 dated 04.03.2025 until further orders. Counsel for the Petitioner: SRI MIRZA MAHMOOD ALI BAIG Counsel for ttre Respondent No.1: SRI DOMINIC FERNANDES, senior standing counsel for GBIC Counsel for ttre Respondent No.2: SRI M.P.KASHYAP, SENTOR SC FOR CBIC Counsel for ttre Respondent No.3: -- The Court ffi?'de the following: ORDER " . i' -r':i :: , .-;..:r:.2€fit, .. ::r.nttyi ,l:r4.i"i:'. -.-:r--4,?,:?*.J'.t:'ij4:r':3 :,4i-r-.i- ..( i-..-a:.-ijdj.:r.*... ...-i: .-_.-.:,,... *#i#**ei*Fr+,{. * i.- - :g1*}Ji*akjri-.i.:.}.-. .. \

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE P.SAM KOSHY AND THE HONOURABLE SRI JUSTICE SUDDALA CHALAPATHI,RAO W.P.No.322 16 0F 2024 12.03.2026 Between: Smt. Fariya Khaleed Petitioner AND The Principal Commissioner, Hyderabad Customs Commissionerate, Room No.808, 7th Floor, GST Bhavan, L.B.Statium Road, Basheerbagh, Hyderabad and? others Respondents ORDER: (per Hon'ble Sri Justice P.Sam Koshy) Heard Mr. Mirza Mahmood Ali Baig, learned counsel for the petitioner, Mr.Dominic Femandes, learned Senior Standing Counsel for the CBIC for respondent No.l and Mr.M.P.Kashyap, leamed Senior Standing Counsel for the CBIC for respondent No.2. Perused the record.

2. The present is a writ petition which has been filed being aggrieved by the seizure of certain gold ornaments which the petitioner is said to have brought to India from Dubai on 19.1,0.2024.

3. The contention of the department is that the petitioner brouglrt about 4 flat bars, 4 jumkis, 3 lockets and I ring, weighing 388.600 gms, then valued at 31,16,9611-. The department had issued summons to the petitioner under Section 108 of the Customs Act, 1962 on 20.10.2024, after which she had immediately rushed to this High Court and this Court vide order dated 20.1 1 .2024 had ordered maintenance of status quo in relation to bullion/gold jewellery recovered from the petitioner and the order of status quo still holds good and the gold is retained by the department tilldate.

4. The learned counsel for the petitioner submits that the husband of the petitioner was working at Dubai for the past two decadr:s and he purchased the said gold from his hard earned mone\/ for family purpose and that the petitioner happened to visit her htrsband and while retuming, she carried the above said gold ornaments to India. He submits that the petitioner was not aware of the rules and procedures so far as the Customs Act is concerned and o,-rt of ignorance, she had carried them without disclosing to I the authorities. ' ,

TodaY, when the matter ts taken uP for hearing' the petitioner himself submits that since she had been served with summons and since the interim order is operating in her favour insofarasthedirectiontothedepartmenttomaintainstatusquoI.n relationtobultiorVgotdjewelleryrecoveredfromthepetitioner,let thewritpetitionitselfbedisposedofpermittingthepetitionerto appear before the authorities and to submit her reply to the summons dated 2O'lO'2024 which the authorities may take a decisioninaccordancewithlaw.shefurthersubmitsthatsheshall bepermittedtomoveanappropriateapplicationfortheprovisional releaseofthesaidgotdornamentsunderSectionttoAofthe Customs Act, which too the authorities may consider in accordance with law.

6. The leamed Standing Counsel for the dePaftment does not have anY objection' Provided the petitioner cooperates with the investigation and authorities shall take a decision strictly in accordance with law'

7. Given the said submisstons made bY the learned counsel appearing on either side' we are of the considered opinion that the writ petition, at this juncture' can be disposed of directing the \

petiticner to approach the respondent authorities in response to the sumnrons dated 20.10.2024 within a period of two weeks from today ancl the petitioner would also be at liberty to move an apprc'priate application which is permissible under the customs Act and thereafter the respondent authorities shall take an apprc,priate decision on its own merits strictly in accordance with law. Meanwhile, it is ordered that the interim protection granted by th,e High court on 20.11.2024 be maintained till rhe final decisron is taken by the competent authority under the Customs Act.

The writ petition is, accordingly, disposed of. There shall be no orrler as to costs Consequently, miscellaneous petitions pending, if any, shall stand closed. SD/. B.REKHA RANI SISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To

3.

4. PSK. TKS

-::_. .' ./I HIGH COURT DATED i1210312026 $r S ()() ! J, 0t rPffEs

ORDER

WP.No.il2216 of 2024 * DISPOSING OF THE WRIT PETITION WITHOIJT GOSTS --. Iirl * .:; : t.), -.;::.r,1-i.:':. . ., . ;:- -! | K3 alulu '!' r?jliq,,ail_!i !irir.-l: 1i'.'!r+'r' :.1 r.,,r' _i- .., . .. .i,.:,t :.. ; r.,.u i-S,.l"i\i:t-,. i, q;g;ffii:.< .. ... ; . r.int,....ii -:..r..ir:f$!i. .. Li:, J i!,,r. i.-."1...i .. ,..i ,:, , .. .,,si+r:tiiiii#*i.,ilgE;g;.|;1i:,a;r:..,: i,,, ,. .. - :.:.;..,