KRISHNA MURTHY SHIVALINGAIAH vs UNION OF INDIA & ORS.

Judgment text excerpt

$~58 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 17th February, 2025 + W.P.(C) 1883/2025 KRISHNA MURTHY SHIVALINGAIAH .....Petitioner Through: Ms. Amrita Sarkar, Mr. Gaurav & Ms. Monalisa Kosaria, Advs. versus UNION OF INDIA & ORS. .....Respondents Through: Mr. Anurag Ojha, SSC with Mr. Dipak Raj, Mr. Shubham Kumar & Mr. Kuleep Mishra, Advs. CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE DHARMESH SHARMA Prathiba M. Singh, J. (Oral) 1. This hearing has been done through hybrid mode. 2. The present petition has been filed by the Petitioner under Article 226 of the Constitution of India for setting aside the order dated 29th January, 2024 passed by the Assistant Commissioner of Custom, Terminal-3, IGI Airport, New Delhi to the extent that it only released part of the goods of the Petitioner. It alternatively seeks directions permitting the Petitioner to file an appeal challenging the impugned order dated 29th January, 2024. 3. The brief background of the case is that the Petitioner had arrived from Paris to Delhi on 28th November, 2023 and upon arriving various goods were detained by the Customs Department vide Detention Receipt No. DR/INDEL4/29.11.2023/ 003182. The details of the goods which were detained are set out below: - “1. Three Silver bars Signature Not Verified Digitally Signed By:PRAMOD KUMAR VATS W.P.(C) 1883/2025 Page 1 of 5 Signing Date:19.02.2025 12:34:45 2. One Gold Kada 3. One Gold chain 4. One Gold Bar” 4. After the detention, the Petitioner allegedly had given a statement under Section 108 of the Customs Act (hereinafter ‘The Act’) confessing that – (i) he had brought the seized good through green channel ‘intentionally’ and (ii) he is willing to waive of his right to show cause notice or personal hearing and (iii) that he is ready to pay any