GAYRAT DJABAROV vs COMMISSIONER OF CUSTOMS

Judgment text excerpt

$~54 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 27th February, 2025. + W.P. (C) 1110/2025 GAYRAT DJABAROV .....Appellant Through: Mr. Ravi Rathore, Mr. Maroof Khan, Ms. Richa Kumari & Mr. Pawan, Advocates. versus COMMISSIONER OF CUSTOMS .....Respondent Through: Mr. Piyush Beriwal, Mr. Sandip Munian & Ms. Jyotsna Vyas Advocates. CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE RAJNEESH KUMAR GUPTA Prathiba M. Singh, J. (Oral) 1. This hearing has been done through hybrid mode. 2. This is a petition under Article 226 of the Constitution of India filed by the Petitioner, who is an Uzbekistan National having passport number FB0490132. It is his case that he came to India by flight No. HY 421, as a tourist, and landed at Indira Gandhi International (IGI) Airport on 26th April, 2024. 3. He was carrying some gold chains and gold earrings etc., and the same was detained by the Customs Department at the Airport itself. The following is the details of the detained goods: Signature Not Verified Digitally Signed By:RAHUL W.P. (C) 1110/2025 Page 1 of 6 Signing Date:28.02.2025 18:14 “(i) Four Gold Chains Purity 587 Weight 65 gm (ii) Two gold rings Purity 587 Weight 06 gm (iii) One pair and three gold earrings Purity 616 Weight 29 gm (iv) Two gold bracelet purity 586 Weight 12 gm” 4. It is the case of the Petitioner that after the detention receipt bearing DR No. DR/INDEL4/26.04.2024/52613 was issued, he did not receive any communication relating to show cause notice or any order which has been passed against him. It is claimed that representations were made by him repeatedly; however, no reply has been received. 5. On behalf of the Respondent-Department, Order in Original dated 2nd July, 2024 has been placed on record. According to the said order, the Petitioner had been perm