MR. MOHAMMEDYASAR MOHAMMEDILIYAS SHAIKH vs COMMISSIONER OF CUSTOMS, IGI AIRPORT & ANR.

Judgment text excerpt

$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 18th August, 2025 + W.P.(C) 10570/2025 MR. MOHAMMEDYASAR MOHAMMEDILIYAS SHAIKH .....Petitioner Through: Mr. Harsh Trikha, Adv. versus COMMISSIONER OF CUSTOMS, IGI AIRPORT & ANR. .....Respondents Through: Mr. Avijit Dikshit, Standing Counsel 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 quashing of the detention of one iPhone 16 Pro Max which was detained by the Customs Authorities when he travelled from Hong Kong to Delhi. The Petitioner had not declared the said iPhone and the same was detained on 24th September, 2024 vide Detention Receipt No. 18900 dated 24th September, 2024. 3. It is the grievance of the Petitioner that till date, however, no Show Cause Notice (hereinafter ‘SCN’) has been issued pursuant to the detention. 4. On the contrary, ld. Standing Counsel for the Respondent relies upon a signed waiver made by the ld. Counsel for the Petitioner, Mr. Mohammad Tabish. It is, thus, submitted that this is the reason why the SCN was not issued. It is further pointed out that the said fact has also not been disclosed in the present writ petition by the Petitioner. Therefore, it is contended that the Petitioner has not approached this Writ Court with clean hands and that the W.P.(C) 10570/2025 Page 1 of 2 Signature Not Verified Digitally Signed By:RAHUL Signing Date:20.08.2025 19:10:24 present writ petition deserved to be dismissed on this very ground. 5. At this stage, ld. Counsel for the Petitioner submits that this waiver might have been signed by his predecessor. Further he also submits that he