MOHAMMAD NASIR vs COMMISSIONER OF CUSTOMS

Judgment text excerpt

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 18th August, 2025 + W.P.(C) 9562/2025 MOHAMMAD NASIR .....Petitioner Through: Dr. Ashutosh & Ms. Fatima, Advs. versus COMMISSIONER OF CUSTOMS .....Respondent Through: Ms. Anushree Narain, SSC and Mr. Naman Choula, 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 seeking directions to the Respondent - Customs Department to release gold bars weighing 233 grams which were detained vide Detention Receipt No. 1082 dated 14th January, 2023 3. The brief background of this case is that the Petitioner had travelled from Saudi Arabia to New Delhi on 14th January, 2023. Upon his arrival at IGI Airport, the Petitioner was intercepted and the subject goods were seized by the Respondent. The detention receipt records that the gold bars weighed 233 grams and had an engraving of SUISSE having purity 999. 4. After the seizure of the gold bars, it is the case of the Petitioner that no Show Cause Notice (hereinafter ‘SCN’) has been issued, and no hearing has also been fixed in this matter. Thus the present petition, seeking release of the gold bars, is filed. Signature Not Verified Digitally Signed W.P.(C) 9562/2025 Page 1 of 2 By:RAHUL Signing Date:20.08.2025 19:10:24 5. Ms. Anushree Narain, ld. Standing Counsel for the Respondent, affirms the fact that no SCN has been issued in this matter. However, Ms. Narain fairly submits that the Petitioner can appear for appraisement and the gold bars can be released after payment of payable duty. 6. In view of the above, let the Petitioner appear before the Department authority shall