ALISHER OCHILOV vs COMMISSIONER OF CUSTOMS,

Judgment text excerpt

$~37 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 23rd July, 20205 + W.P.(C) 8058/2025 ALISHER OCHILOV .....Petitioner Through: Mr. Aman Yadav and Mr. Aamir Chaudhary, Advs. (7065153628) versus COMMISSIONER OF CUSTOMS, .....Respondent Through: Mr. Harpreet Singh, SSC with Mr. Jai Ahuja, Ms. Sanidhya Sharma & Ms. Vanshika Kapoor, Advs. CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE RAJNEESH KUMAR GUPTA Prathiba M. Singh, J. (Oral) 1. This hearing has been done through hybrid mode. 2. The present petition has been filed seeking release of two gold chains weighing 199 grams detained by the Customs Department vide detention receipt dated 24th March, 2023. 3. The Petitioner is an Uzbekistan national. The Petitioner is willing to give an undertaking that he would re-export the same. 4. It is submitted by the Petitioner that no Show Cause Notice (hereinafter “SCN”) has been issued till date. Further, no order has been passed in the present matter. It is also submitted that the detained gold chains are the personal jewellery of the Petitioner. 5. Ld. Counsel for the Customs Department submits that a hearing was granted sometime in May 2025 around the time when the writ petition was Signature Not Verified Digitally Signed W.P.(C) 8058/2025 Page 1 of 3 By:RAHUL Signing Date:25.07.2025 17:24:38 filed. However, the Petitioner did not appear for the said hearing. 6. Heard the ld. Counsels for the parties. The Court has also perused the documents placed on record. In the opinion of the Court, having considered the facts of the case and the documents placed on record, the detained goods clearly appear to be used personal gold items of the Petitioner. 7. The Petitioner is a foreign national and is undertaking to re-export the two gold chains. 8. The issue whether gold jeweller