The Delhi High Court has excused a delay of nearly three years by a Turkmenistan national in seeking the release and re-export of his seized gold jewellery from Customs, while directing him to pay ₹20,000 as costs.

A Division Bench of Justices Prathiba M. Singh and Renu Bhatnagar observed that the petitioner was in India solely for his wife’s medical treatment and had brought the gold ornaments to cover medical expenses, and that he was not a habitual violator of customs laws. This justified a lenient approach, the Court held.

The petitioner sought enforcement of an adjudication order dated January 27, 2020, which permitted re-export of two gold chains and two bracelets on payment of redemption fine and penalty. However, he applied to pay the redemption fine only on August 21, 2023. Customs rejected the request citing Section 125(3) of the Customs Act, 1962, which prescribes a 120-day deadline for payment of the redemption fine, stating the period had long expired.

In response, the petitioner attributed the delay primarily to the disruptions caused by the COVID-19 pandemic and reiterated that the gold had been brought exclusively for urgent medical treatment, not for commercial or unlawful purposes.

The High Court took note of the Supreme Court’s suo motu orders in In Re: Cognizance for Extension of Limitation, which condoned limitation delays between March 15, 2020 and February 28, 2022 due to the pandemic. Considering this and the humanitarian angle, the Court exercised its discretion to condone the remaining delay as well.

Consequently, the Court directed that the earlier adjudication order permitting re-export be implemented upon payment of the redemption fine, penalty and ₹20,000 imposed as costs.

Appearing Counsel:
For Petitioner – Adv. Pramod Kant Saxena
For Respondent – Adv. Anushree Narain (SSC) with Adv. Naman Choula

Case Title: Nazarmammet Nuryyyalev v. Commissioner of Customs
Case No.: W.P.(C) 13936/2023