HARIS ASLAM vs COMMISSIONER OF CUSTOMS

Judgment text excerpt

$~98 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 23rd April, 2025 + W.P.(C) 4962/2025 HARIS ASLAM .....Petitioner Through: Ms. Richa Kumari, Adv. (M:8766321884) versus COMMISSIONER OF CUSTOMS .....Respondent Through: Mr. Avijit Dikshit, Standing counsel. Mr. Jatin Singh, Adv. for UOI. 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- Haris Aslam under Article 226 of the Constitution of India, inter alia, seeking issuance of an appropriate writ directing the Respondent- Commissioner of Customs to release the personal jewellery of the Petitioner i.e. gold ring weighing 20 grams and a gold chain weighing 137 grams (hereinafter, ‘gold items’) seized vide detention receipt bearing no. DR/INDEL4/23-03-2024/004056 dated 23rd March 2024 (hereinafter, ‘detention receipt’). 3. The Petitioner is an Indian citizen and resident of UAE having valid residence ID. He is a software engineer working in Emirates Airlines for at least 7 years at the time of filing of the present writ petition. 4. It is the case of the Petitioner that being an employee of Emirates Airlines, he frequently travels to India to visit his family. On 23rd March, Signature Not Verified W.P.(C) 4962/2025 Page 1 of 6 Signed By:RAHUL Signing Date:25.04.2025 18:49:13 2024, while travelling, he was wearing gold items which were detained by the Customs Department on the ground that the Petitioner had failed to declare the same. 5. According to the Customs Department, the Petitioner had signed the waiver and hence, no Show Cause Notice (hereinafter, ‘SCN’) was issued and no personal hearing was granted. The Order-in-Original has been passed on 14th June, 202