PRADEEPA SHIVASHANKAR vs COMMISSIONER OF CUSTOMS

Judgment text excerpt

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 18th August, 2025 + W.P.(C) 11902/2025 PRADEEPA SHIVASHANKAR .....Petitioner Through: Dr. Ashutosh and Ms. Fatima Bano, Advs. (M:9873554305) versus COMMISSIONER OF CUSTOMS .....Respondent Through: Mr. Aditya Singla, SSC, CBIC with Ms. Arya Suresh Nair, Adv CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE SHAIL JAIN JUDGMENT Prathiba M. Singh, J. 1. This hearing has been done through hybrid mode. 2. The present petition has been filed, inter alia, seeking release of one gold kada weighing 100 grams and one gold chain weighing 157 grams (hereinafter “the detained jewellery”) which were detained by the Customs Department vide Detention Receipt dated 7th November, 2024. 3. The case of the Petitioner is that he is an Indian passport holder working in Saudi Arabia. The Petitioner had travelled back to India on 7th November, 2024 and upon his arrival at the Indira Gandhi International Airport, New Delhi, he was intercepted by the Customs Department and the detained jewellery was seized. It is stated that till date no Show Cause Notice has been issued to the Petitioner and no personal hearing has been granted to the Petitioner. 4. On the last date i.e., 8th August, 2025, the Court had issued notice and Signature Not Verified Digitally Signed W.P.(C) 11902/2025 Page 1 of 7 By:RAHUL Signing Date:20.08.2025 19:10:24 directed the ld. SSC to seek instructions if any oral Show Cause Notice was issued to the Petitioner and whether there is an oral waiver of the same. The ld. SSC was also directed to place on record the relevant documents in respect of the same. 5. Mr. Singla, ld. SSC has sought instructions and has also placed on record certain documents including the detention receipts. The same would show that a standard pre-pr