AMIRHOSSEIN ALIZADEH vs THE COMMISSIONER OF CUSTOMS & ORS.

Judgment text excerpt

$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 10th March, 2025 + W.P.(C) 3002/2025 AMIRHOSSEIN ALIZADEH .....Petitioner Through: Mr. Mohammed Ather Ansari, Adv. versus THE COMMISSIONER OF CUSTOMS & ORS. .....Respondents Through: Mr. Harpreet Singh, SSC. 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 writ petition has been filed under Article 226 and 227 of the Constitution of India seeking unconditional release of the gold ornaments of the Petitioner detained vide Detention receipt bearing No. 51431 dated 7th May 2022. 3. The case of the Petitioner is that he is the Iranian national seeking release of the goods which were detained on 7th May, 2022 vide Detention receipt bearing No. 51431 by the Customs Authorities. The Petitioner was travelling from Iran to New Delhi by flight No. W-5-0071 and was intercepted at the IGI Airport, New Delhi on the said date. The goods which were seized are as under: “04 Silver coated metal chains of Gold weighing 255.74 grams” 4. After the detention, the Petitioner is stated to have made a visit to the Customs Office at the IGI Airport seeking appraisement. The appraisement was also done. Signature Not Verified Signed By:RAHUL W.P.(C) 3002/2025 Page 1 of 4 Signing Date:10.03.2025 22:31:21 5. However, it is alleged that an Order-in-Original is claimed to have been passed against the Petitioner without issuing a Show Cause Notice to him. As per the Petitioner, neither was the Order in Original served upon him. Accordingly, the Petitioner had filed a writ petition seeking a copy of the Order in Original. The said petition i.e., W.P.(C) 14840/2024 was disposed of on 22nd October, 2024 with the following directions: “