AVADHESH KUMAR MATHA vs UNION OF INDIA & ORS.

Judgment text excerpt

$~71 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 27th March, 2025 + W.P.(C) 2637/2025 AVADHESH KUMAR MATHA .....Petitioner Through: Mr. Akhil Krishan Maggu, Mr. Vikas Sareen, Mr. Kunal Prakash, Mr. Alok Kumar Pandey, Mr. Ayush Mittal and Ms. Manvinder Kaur and Ms. Yashika, Advocates. versus UNION OF INDIA & ORS. .....Respondents Through: Mr. Harpreet Singh, SSC with Ms. Suhani Mathur, Mr. Jai Ahuja and Mr. Akshay Saxena, 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 under Article 226/227 of the Constitution of India challenging the impugned Order-in- Original dated 28th January, 2025. The grounds of challenge are that no show cause notice was issued within the prescribed period and no personal hearing was given to the Petitioner. The Customs Commissioner vide the impugned Order-in- Original, has ordered absolute confiscation of one of the goods but has allowed redemption of the other good upon payment of redemption fine and penalty. 3. The case of the Petitioner is that he is a resident of UAE and he got married in India in 2016. He was gifted one gold chain weighing 175 grams Signature Not Verified Signed By:NAMITA W.P.(C) 2637/2025 Page 1 of 4 DHYANI Signing Date:02.04.2025 17:51:30 and one gold bracelet weighing 117 grams. He left for Dubai on 17th November, 2016. 4. He is said to have travelled back to India in 2019 and while coming back to India he was wearing the said jewellery. However, the same was seized by the Customs in the Indira Gandhi International Airport, T-3 on 12th July, 2024 vide detention receipt bearing number DR/INDEL4/12.07.2024/54383. 5. Ld. Counsel for the Respondents