RAKESH KUMAR JAT vs COMMISSIONER OF CUSTOMS

Judgment text excerpt

$~222 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 14th July, 2025 + W.P.(C) 9757/2025 RAKESH KUMAR JAT .....Petitioner Through: Dr. Ashutosh, Ms. Fatima & Ms. Pravej Hasan, Advs. versus COMMISSIONER OF CUSTOMS .....Respondent Through: Mr. Harpreet Singh, SSC, CBIC.with Mr. Jai Ahuja, Adv. 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- Rakesh Kumar Jat under Article 226 and 227 of the Constitution of India, inter alia, assailing the Order-in-Original dated 27th May 2025 passed by the Office of Commissioner of Customs (hereinafter, ‘impugned order’). The present petition further seeks release of one uneven shaped gold cut piece, weighing 64 grams, of the Petitioner (hereinafter, ‘gold piece’) which was seized by the Respondent vide detention receipt bearing no. 52619 dated 26th April, 2024. 3. The case of the Petitioner, who is an Indian citizen, is that he is residing and working in Kuwait having a valid ‘State of Kuwait Civil ID Card’ bearing no. 294082102954. According to the Petitioner, he was travelling to New Delhi by flight no. JE-409 on 26th April, 2024. Upon arrival at the Indira Signature Not Verified Digitally Signed W.P.(C) 9757/2025 Page 1 of 4 By:RAHUL Signing Date:17.07.2025 12:00:17 Gandhi International Airport, New Delhi, the said gold piece of the Petitioner was detained by the Customs Department. 4. Ld. Counsel for the Petitioner submits that there was no Show Cause Notice which was issued to the Petitioner and without the same being issued, the impugned order has been passed. According to the Petitioner, he had appointed an Authorized Representative to appear before the Customs Departme