MR MAKHINDER CHOPRA vs COMMISSIONER OF CUSTOMS NEW DELHI

Judgment text excerpt

$~75 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 19th February, 2025 + W.P.(C) 2049/2025 MR MAKHINDER CHOPRA .....Petitioner Through: Mr. D S Chadha, Adv. versus COMMISSIONER OF CUSTOMS NEW DELHI .....Respondent Through: Mr. Satish Aggarwala, SSC. CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE DHARMESH SHARMA JUDGMENT Prathiba M. Singh, J. 1. This hearing has been done through hybrid mode. CM APPL. 9657/2025 (for exemption) 2. Allowed, subject to all just exceptions. Application is disposed of. W.P.(C) 2049/2025 I. Background 3. The present case has been filed by the Petitioner-Makhinder Chopra under Article 226 of the Constitution of India seeking release of the gold chain which was detained by the Customs Department vide Detention Receipt No. 54120 dated 17th June, 2024. 4. The case of the Petitioner is that he arrived on 17 th June, 2024 in India at IGI, Airport, New Delhi from Russia. The appellant has been a resident of Russia for the last 17 years. It is submitted that he was wearing a gold chain which is valued at about Rs. 7 lakhs when he came to India and the same was detained by the Department at the airport. It is further submitted that till date W.P.(C) 2049/2025 Page 1 of 21 Signature Not Verified Digitally Signed By:RAHUL Signing Date:27.02.2025 15:21 no show cause notice has been issued. 5. Ld. Counsel for the Petitioner relies on the decision of this High Court in WP(C). 6855/2023 titled ‘Nathan Narayanswamy v. Commissioner of Customs’ dated 15th September, 2023 in support of its case. 6. On 17th February, 2025, ld. Counsel for the respondent had sought time to take instructions in the matter. Today, further time is prayed for filing a status report. 7. The ld. SSC for the Department has also handed over a copy of the detention receipt dated 17