NITISH KHARBANDA vs COMMISSIONER OF CUSTOMS

Judgment text excerpt

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 23rd July, 2025 + W.P.(C) 8217/2025 NITISH KHARBANDA .....Petitioner Through: Ms. Richa Kumari, Advocate. versus COMMISSIONER OF CUSTOMS .....Respondent Through: Mr. Aditya Singla, SSC with Ms.Arya Suresh Nair, Mr. Ritwik Saha, Mr.Raghav Bakshi, Mr. Sahil Parashar, Ms. Shreya Lamba and Mr.Akhil Sharma, 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. The present petition has been filed by the Petitioner- Nitish Kharbanda under Article 226 of the Constitution of India, inter alia, seeking release of the one gold kada, weighing 100 grams and one gold chain, weighing 75 grams, (hereinafter, ‘goods’) seized vide detention receipt bearing no. 4207 dated 19th March 2024 (New detention receipt no. 26600 dated 8th August, 2024) 3. The case of the Petitioner is that he arrived at the Indira Gandhi International Airport, New Delhi (hereinafter, ‘IGI Airport’) on 19th March, 2024. Upon arrival at the IGI Airport, the Petitioner was intercepted by the concerned officials of the Customs Department and the goods of the Petitioner Signature Not Verified Signed By:NAMITA W.P.(C) 8217/2025 Page 1 of 4 DHYANI Signing Date:28.07.2025 17:33:09 were seized. 4. Mr. Aditya Singla, ld. Sr. Standing Counsel for Respondent submits that the personal hearing notice has been given to the Petitioner in terms of the decision dated 27th March, 2025 in W.P.(C) 198/2025 titled ‘Qamar Jahan v. Union of India & Ors.’ Ld. Sr. Standing Counsel relies upon the said decision to argue that a valid personal hearing notice has been given to the Petitioner, even though there is a waiver of Show Cause Notice (hereinafter, ‘SCN’). The relevant por