MOHAMMAD ASIF vs THE COMMISSIONER OF CUSTOMS

Judgment text excerpt

$~92 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 18th August, 2025 + W.P.(C) 9085/2025 MOHAMMAD ASIF .....Petitioner Through: Mr. S. Vijay Kanth and Mr. Utkarsh Tripathi, Advs. versus THE COMMISSIONER OF CUSTOMS .....Respondent Through: Mr. Vishal Chadha, Sr. Standing Counsel with Mr. Chandan Kumar, Adv. (M:9810641379) 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 has been filed by the Petitioner- Mohammad Asif under Article 226 of the Constitution of India, inter alia, seeking release of the gold kada of the Petitioner, weighing 50 grams, seized by the Customs Department vide Detention Receipt No. 4706 dated 10th June, 2024 (New Detention Receipt No. 26861 dated 21st August, 2024). 3. The case of the Petitioner is that he arrived at Terminal-3, Indira Gandhi International Airport, New Delhi (hereinafter, ‘IGI Airport’) on 10th June 2024 from Jakarta. Upon arrival at the IGI Airport, the Petitioner was intercepted by the concerned official of the Customs Department and the gold kada of the Petitioner was detained. 4. The Petitioner has placed on record a photograph allegedly wearing the Signature Not Verified Digitally Signed By:RAHUL W.P.(C) 9085/2025 Page 1 of 3 Signing Date:20.08.2025 19:10:24 said gold kada. 5. Ld. Counsel for the Respondent points out that in the detention receipt, it is clearly recorded that the detained item is ‘one silver coated elongated gold piece (wire)’ which was appraised on 21st August, 2024 in the presence of the Petitioner. 6. On the last date i.e., 4th July, 2025, the gold item was directed to be produced before the Court. Today the same has been produced and it is noticed that the gold item is not the same as is