SAJAD AHMED KAK vs COMMISSIONER OF CUSTOMS NEW DELHI

Judgment text excerpt

$~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 4th April, 2025 + W.P.(C) 4327/2025 SAJAD AHMED KAK .....Petitioner Through: Mr. D.S. Chadha, Advocate. versus COMMISSIONER OF CUSTOMS NEW DELHI .....Respondent Through: Mr. Aakarsh Srivastava, Senior Standing Counsel. CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE MANOJ JAIN Prathiba M. Singh, J. (Oral) 1. This hearing has been done through hybrid mode. CM APPL. 20037/2025 (for exemption) 2. Allowed, subject to all just exceptions. Application is disposed of. W.P.(C) 4327/2025 3. This petition has been filed under Article 226 of the Constitution of India by the Petitioner – Sajad Ahmed Kak seeking issuance of appropriate directions to the Respondent-Department to either return the gold to the Petitioner or refund the value of the said gold in terms of the Order-in-Appeal No.CC(A)/CUSTOMS/ D-1/ AIR/ 2020-21 dated 17th June, 2020 passed by the Respondent-Department. 4. This petition has a long drawn history. The Petitioner had travelled from Bangkok to Delhi on 10th March, 2014 and he was carrying three gold Signature Not Verified Signed By:KESHAV W.P.(C) 4327/2025 Page 1 of 6 Signing Date:08.04.2025 12:05:26 bars weighing about 457.95 grams. The Petitioner was intercepted at IGI Airport, Terminal-3, New Delhi, and the gold was detained vide detention receipt bearing No. 19397 issued on 10th March, 2014. 5. A show cause notice dated 1st September, 2014 bearing C.NO.VIII(AP)/ 10/P&I/579-B/2013 was issued to the Petitioner with respect to such detention and a reply to the show cause notice was also submitted by the Petitioner. 6. Accordingly, the order in original dated 30th January, 2015 was passed by the Adjudicating Authority. In terms of the said order, absolute confiscation of the gold bars was directed. The r