Delhi High Court Accepts Customs Apology For Failing To Video-Record Statement In Gold Seizure Case

The Delhi High Court recently accepted the Customs Department's unconditional apology for failing to video-record the statement of a man whose 403-gram gold chain was seized at Delhi airport.

Justice Mini Pushkarna, however, cautioned that the Department was expected to be aware of and scrupulously comply with judicial directions.

The bench observed that the Customs Department, having a robust law department, could not justify the lapse by claiming that the concerned officer was unaware of the court's directions.

"The respondent-Customs Department having a robust law department, is expected to be aware of the directions passed by the Court, and it is no explanation that one of the officers was not aware of the directions of this Court," it observed.

The Court was dealing with a contempt petition alleging wilful disobedience of a Division Bench's September 12, 2025 order in proceedings relating to the seizure of Petitioner's 403-gram gold chain by the Customs Department at Delhi airport after his arrival from Bangkok.

The earlier order had directed that the Petitioner's statement be video-recorded and that any statement of his father-in-law, if required, be recorded through video conferencing, besides requiring the Department to proceed with adjudication in accordance with law.

Petitioner contended that his statement had been recorded without video recording.

Counsel for the Customs Department however submitted that the omission to video-record the statement had occurred inadvertently and tendered an unconditional apology. The Department also stated that the investigating officer had recently joined the airport and was unaware of the specific judicial direction requiring video recording.

The Court took note of Petitioner's willingness to participate after fresh notice granting another personal hearing and the Customs' undertaking that the proceedings would be video-recorded, despite the Customs Act not otherwise mandating such recording.

As such, the Court cautioned the Department to strictly comply with judicial directions in future.

“Though the lapse of not video recording the statement is stated to have happened inadvertently, the respondents are cautioned to be careful in future to comply with the directions of this Court scrupulously, as no directions can be taken lightly,” it said and disposed of the matter.

Petitioner in person

For Respondent: Manushree Narain, SSC with Advocate Apurv Yadav,