DALVINDER SINGH SUDAN vs COMMISSIONER OF CUSTOMS

Judgment text excerpt

$~104 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 23rd April, 2025 + W.P.(C) 5136/2025 DALVINDER SINGH SUDAN .....Petitioner Through: Ms. Richa Kumari, Mr. Pawan, Mr. Yatin, Advs. versus COMMISSIONER OF CUSTOMS .....Respondent Through: Mr. Piyush Beriwal, Mr. Nikhil Kumar, Ms. Jyotsana, Advs. for R-1. 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 the Petitioner- Dalvinder Singh Sudan under Article 226 of the Constitution of India, inter alia, seeking issuance of an appropriate writ assailing the detention of the one gold kada of the Petitioner detained vide detention receipt no. 005521 dated 29th November 2024 (New detention receipt no. 36434 dated 6th March 2025) which is stated to be a personal effect of the Petitioner. 3. The case of the Petitioner is that he was travelling from Dubai as a tourist via flight no. SG-12 and arrived at the Indira Gandhi International Airport, New Delhi on 29th November 2024. During the said travel, the Petitioner was stated to be wearing a 22 carat gold kada weighing 60 grams. 4. According to the Petitioner, the same was used as a personal effect of the Petitioner. It is also submitted that the Petitioner being a Sikh, always Signature Not Verified Signed By:RAHUL W.P.(C) 5136/2025 Page 1 of 4 Signing Date:25.04.2025 18:49:13 wears this kada. The Petitioner has placed photographs on record as well. 5. The detention of the said gold kada took place on 29th November, 2024 and a Show Cause Notice was issued on 20th March, 2025 (hereinafter, ‘SCN’). The said SCN also records the fact that the Petitioner did not want the SCN and personal hearing and that the case may be decided on merits. T