JAVED ALAM vs COMMISSIONER OF CUSTOMS

Judgment text excerpt

$~52 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 09th April, 2025 + W.P.(C) 4538/2025 JAVED ALAM .....Petitioner Through: Ms. Richa Kumari, Mr. Yatin Bhutani & Mr. Pawan, Advs. versus COMMISSIONER OF CUSTOMS .....Respondent Through: Mr. Aditya Singla, SSC with Mr. Ritwik Saha & Mr. Siddharth Saxena, Advs. 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- Javed Alam under Article 226 of the Constitution of India, inter alia, seeking release of the goods seized by the Respondent- Commissioner of Customs vide Detention Receipt No. 26696 dated 20th September, 2024. (New Detention Receipt Nos.- 43647 dated 21st October, 2024 and 36205 dated 6th November, 2024 respectively.) The Petitioner also seeks to challenge the Order-in-Original bearing no. 2166/26696/20.09.2024/WII/2024-25 dated 15th January, 2025. 3. The Petitioner is an Indian citizen who was travelling from Dubai. According to the Petitioner, there was a wedding in the family for which he purchased various gift items in Dubai and he passed through the Red Channel at the IGI Airport, New Delhi when he arrived on the intervening night of 19th Signature Not Verified Signed By:RAHUL Signing Date:11.04.2025 W.P.(C) 4538/2025 Page 1 of 4 14:38:50 / 20th September, 2024. The list of the goods seized by the Respondent are as follows (hereinafter, ‘goods’): ● 23 pieces of branded mufflers. ● 13 pieces of Pashmina/ Shahtoosh Shawls ● 44 pieces of branded clothes ● 2 Johnnie Walker Blue label bottles 4. According to the Petitioner, despite him having gone to the Red Channel, he was made to wait for more than six hours and instead of asking him to pay the duty, the