YASH CHADHA vs COMMISSIONER OF CUSTOMS

Judgment text excerpt

$~69 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 10th July, 2025 + W.P.(C) 9469/2025 YASH CHADHA .....Petitioner Through: Mr. Parminder Singh Sandhu, Mr. Mayank Ahuja, Mr. Pradeep Chaurasia and Mr. Abhishek Sharma, Advocates. versus COMMISSIONER OF CUSTOMS .....Respondent Through: Mr. Arun Khatri, Advocate. CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE RAJNEESH KUMAR GUPTA Prathiba M. Singh, J. (Oral) 1. This hearing has been done through hybrid mode. CM APPL. 39980/2025 (exemption) 2. Allowed, subject to all just exceptions. The application stands disposed of. W.P.(C) 9469/2025 3. The present petition has been filed by the Petitioner- Yash Chadha under Article 226 of the Constitution of India, inter alia, seeking release of one gold chain, weighing 45 grams seized by the Respondent vide detention receipt bearing no. 67026 dated 29th July, 2018. 4. The case of the Petitioner is that he was traveling from Bangkok to New Delhi on 29th July, 2018. Upon his arrival at the IGI Airport, New Delhi, his gold chain weighing 45 grams which he is stated to have been wearing was Signature Not Verified Signed By:NAMITA W.P.(C) 9469/2025 Page 1 of 8 DHYANI Signing Date:15.07.2025 16:20:45 detained by the Customs Department. The detention receipt was issued to the Petitioner however, no appraisal of the gold chain has been done till date. Moreover, no Show Cause Notice (hereinafter, ‘SCN’) has been issued to the Petitioner. 5. Heard. Once the goods are detained, it is mandatory to issue a SCN and afford a personal hearing to the Petitioner. The time prescribed under Section 110 of the Customs Act, 1962 (hereinafter, ‘the Act’), is a period of six months. However, subject to complying with the requirements therein, a further extension for a period of six months can be taken