64-Gram Gold Piece Seized for Non-Declaration: Delhi HC Permits Release on Payment and Re-Export [Read Order]




Delhi HC Permits Release of Seized 64-Gram Gold Piece

Delhi HC Permits Release of Seized 64-Gram Gold Piece for Re-Export

The Delhi High Court has granted permission for the release of a 64-gram gold piece that was seized for non-declaration. The court’s order allows for its release on payment of specified fines and penalties, with the stipulation that the gold must be re-exported.

Details of the Seizure

The gold piece was initially confiscated under Section 111 of the Customs Act, which deals with the seizure of goods for violations of customs regulations, particularly concerning declaration requirements. It appears the individual possessing the gold failed to properly declare it upon arrival or departure, leading to its seizure by customs officials.

Redemption Fine and Penalty Imposed

In its ruling, the High Court considered the circumstances surrounding the seizure and the relevant provisions of the Customs Act. A redemption fine of ₹25,000 has been imposed. In addition to the redemption fine, a penalty of ₹30,000 has also been levied.

Conditions for Release

The release of the seized gold is contingent upon the fulfillment of the following conditions:

  • Payment of the redemption fine of ₹25,000.
  • Payment of the penalty of ₹30,000.
  • The gold piece must be re-exported out of India. This implies the individual involved is likely a foreign national or someone intending to transport the gold out of the country.
Summary:

  • Delhi HC allows release of 64-gram gold piece seized for non-declaration.
  • Release contingent on paying a ₹25,000 redemption fine and a ₹30,000 penalty.
  • The seized gold must be re-exported.
Key Takeaways:

  • Failure to declare gold at customs can lead to its seizure under Section 111 of the Customs Act.
  • Redemption fines and penalties are common consequences for non-declaration offenses.
  • Courts may permit the release of seized gold for re-export on payment of fines and penalties.
  • This case highlights the importance of complying with customs regulations when transporting gold or other valuable items.