ABDUL SATTAR vs COMMISSIONER OF CUSTOMS

Judgment text excerpt

$~71 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 11.02.2025 + W.P.(C) 11604/2019 & CM APPL. 29667/2023 ABDUL SATTAR .....Petitioner Through: None. versus COMMISSIONER OF CUSTOMS .....Respondent Through: Mr. Akshay Amritanshu, SSC with Ms. Drishti Saraf & Ms. Pragya Upadhyay, Advocates. CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU TARA VITASTA GANJU, J.: (Oral) 1. The grievance of the Petitioner as articulated in his prayers is set out below: “a) a writ of mandamus and/or any other appropriate writ, order and/or direction in the nature thereof may kindly be issued thereby directing the respondent to comply with its own order dated 17.05.2018, in terms of which the petitioner has been allowed to get his gold weighing 755.50 grams released and, further, directing an independent agency to investigate/ enquire into the case for the illegalities committed in the matter; and, further; and/or b) any other order as may be deemed fit and proper under the facts and circumstances of the case may also be passed in the matter.” 2. The Petitioner was apprehended at the international airport on 09.06.2013 by the Respondent and as a result of the search of his baggage, 755.50 grams of gold [in the form of 109 stapler pins] was recovered which were coated with silver grey colour and concealed in an unusual manner. These stapler pins were found to weigh 755.50 gms. of gold and were confiscated by the Respondent under the provisions of Section 110 of the Customs Act, 1962. Signature Not Verified Digitally Signed By:RAHUL Signing Date:26.02.2025 W.P.(C) 11604/2019 Page 1 of 6 15:47:00 3. As stated above, it is the case of the Respondent that the Petitioner was intercepted by the Customs Officer near the exit gate of the arrival hall and after the search of his baggage at th