AZMALSADAT MOUSAVI NODOUSHAN vs THE UNION OF INDIA & ORS.

Judgment text excerpt

$~105 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 3rd April, 2025 + W.P.(C) 3925/2025 AZMALSADAT MOUSAVI NODOUSHAN .....Petitioner Through: Mr. Ashwini Kumar and Mr. Chandan Kumar, Advocates. versus THE UNION OF INDIA & ORS. .....Respondents Through: Mr. Anurag Ojha, Sr. SC with Mr. Subham Kumar and Mr. Dipak Raj, Advocates for R-2 to 3. CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE RAJNEESH KUMAR GUPTA Prathiba M. Singh, J. (Oral) 1. This hearing has been done through hybrid mode. 2. The present petition has been filed by Petitioner- Azmalsadat Mousavi Nodoushan under Article 226 of Constitution of India, inter alia, seeking issuance of an appropriate writ quashing the Detention Receipt No. DR/INDEL4/24-02-2024/003862 dated 24th February, 2024. 3. The case of the Petitioner is that she is an Iranian citizen who was travelling to India on 24th February, 2024. While travelling, she was wearing six gold bangles weighing 149 grams. The same was detained by the Customs Department Officers on 24th February, 2024. 4. On the last date i.e., 28th March, 2025 the Petitioner submitted that no show cause notice has been issued. Further, it was also submitted that the appraisement has also not been done. The matter was adjourned for the learned Counsel of the Department to seek instructions. 5. Mr. Anurag Ojha, ld. Sr. Standing Counsel for the Respondents today submits that if the Petitioner appears before the Customs Department, the Signature Not Verified Signed By:NAMITA DHYANI Signing Date:05.04.2025 15:04:06 goods would be appraised, and the Department would allow the Petitioner to re-export the goods. 6. The Court has considered the matter. The Petitioner, being a foreign national and the detained goods being her personal effects, she would be an eligible passenger