ASHILY MUHAMMED SHAMEER vs COMMISSIONER OF CUSTOMS

Judgment text excerpt

$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 18th August, 2025 + W.P.(C) 9850/2025 ASHILY MUHAMMED SHAMEER .....Petitioner Through: Ms. Richa Kumari, Mr. Pawan and Ms. Arti Gupta, Advs. versus COMMISSIONER OF CUSTOMS .....Respondent Through: Mr. Vishal Chadha, SSC with Mr. Chandan Kumar, Adv. CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE SHAIL JAIN Prathiba M. Singh, J. (Oral) 1. This hearing has been done through hybrid mode. 2. The present petition under Article 226 of the Constitution of India has been filed by the Petitioner inter alia challenging the detention of one gold chain weighing 90 grams and one elongated gold wire bent in ring shape of 10 grams. The same were detained by the Respondent - Customs Department on 13thFebruary, 2024 vide Detention Receipt No.3779 when the Petitioner was travelling from UAE to Delhi. 3. The case of the Petitioner is that no Show Cause Notice (hereinafter ‘SCN’), pursuant to the detention, has been issued to the Petitioner till date. However, in the counter affidavit which has been filed, the Respondent - Customs Department has informed the Court that the hearing notice was issued to the Petitioner. This is vehemently opposed by the ld. Counsel for the Petitioner who submits that the said hearing notice was in fact a knee jerk Signature Not Verified Digitally Signed By:RAHUL W.P.(C) 9850/2025 Page 1 of 2 Signing Date:20.08.2025 19:10:24 response to filing of the present writ petition. 4. Be that as it may, considering the nature of the gold items and the fact that no photographs have been placed on record to show that the same are old and used jewelleryof the Petitioner, this Court is of the opinion that the present case does not warrant the interference of this Court under writ jurisdiction. 5. At this stage, the