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Prikshith Jhaver vs. Commissioner of Customs Terminal 3 & Ors.

Writ Petition (Civil) · 2026:DHC:7757-DBDecided 10 Sept 2026New Delhi Bench
W.P.(C) 3527/2025CNR: DLHC010148232025
Justice Anil Kshetarpal · Justice Vimal Kumar Yadav

Background

The petitioner was intercepted at Delhi airport carrying twelve gold bars (1.2 kg) while travelling domestically, and customs confiscated them. An order allowed him to "redeem" (get back) the gold bars by paying a duty amount plus fine and penalty, but customs never actually told him how much duty to pay, despite his repeated written requests. When he later applied for a refund believing the gold had been auctioned, customs rejected that too as premature.

Decision Breakdown

The Court held that the petitioner had done everything expected of him, writing to customs within the legal time limit asking for the duty amount so he could pay it, while customs simply failed to respond. Because the delay in redeeming the goods was customs' fault, not his, the general rule that confiscation becomes permanent if redemption isn't exercised in time did not apply against him here. The Court directed customs to tell him the exact duty payable within 15 days, after which he must pay it along with the already-fixed fine, penalty, and 8% interest, and customs must then release his gold bars.

Lesson Learnt

If you make a timely, documented request to a government department for information you genuinely need to comply with an order, and the department stays silent, you cannot later be blamed for missing a deadline that was effectively caused by their non-response.

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