AKMAL USMANOV THROUGH AZIZA vs COMMISSIONER OF CUSTOMS

Judgment text excerpt

$~66 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 18th August, 2025 + W.P.(C) 8856/2025 AKMAL USMANOV THROUGH AZIZA .....Petitioner Through: Dr. Ashutosh, Ms. Fatima, Mr. Parvej Hasan, Advocates. versus COMMISSIONER OF CUSTOMS .....Respondent Through: Mr. Satish Aggarwala, SSC. CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE SHAIL JAIN JUDGMENT Prathiba M. Singh, J. 1. This hearing has been done through hybrid mode. Background: 2. The present petition has been filed under Articles 226 and 227 of the Constitution of India, inter alia, assailing the detention of the gold chain of the Petitioner weighing 84 grams. 3. This Petition is stated to have been filed by the Petitioner on behalf of her brother, who was a passenger on 30th January, 2024 while arriving at the Indira Gandhi International Airport, New Delhi from Russia. On the said date, the gold chain of the Petitioner weighing about 84 grams was detained by the Customs department. 4. It is the case of the Petitioner that on the basis of an authority letter dated 5th February, 2024 issued by the Petitioner herein, the appraisement of the gold chain of the Petitioner was done on 29th May, 2024, on which date, the detention receipt was issued. However, till date, no Show Cause Notice Signature Not Verified Digitally Signed W.P.(C) 8856/2025 Page 1 of 6 By:KESHAV Signing Date:20.08.2025 16:36:15 has been issued to the Petitioner. Thus, the gold chain of the Petitioner ought to be released. 5. On 2nd July, 2025 the Court after hearing the parties had directed the Petitioner to satisfy the Court as to who has filed the present petition as the Pairokar. Thereafter, on 23rd July, 2025 it was submitted by ld. Counsel of the Petitioner that the Pairokar is the sister of the Petitioner, who resides in India. In view the