MOHAMMAD ARHAM vs COMMISSIONER OF CUSTOMS

Judgment text excerpt

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 19th March, 2025 + W.P.(C) 2760/2025 MOHAMMAD ARHAM .....Petitioner Through: Mr. Ashish Panday, Mr. Ajay Singh, Mr. Akshat Raghuvanshi, Ms. Kiran Pandey and Mr. Anshuman Gupta, Advocates (Mob. 9599437665). versus COMMISSIONER OF CUSTOMS .....Respondent Through: Mr. Harpreet Singh, SSC with Ms. Suhani Mathur & Mr. Jai Ahuja, 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 seeking direction to the Respondent to unconditionally release the seized gold bangles of the Petitioner forthwith, detained vide Detention Receipt bearing No- 3605 dated 24th January, 2024. 3. It is submitted that the Petitioner who was a minor child at the time, was intercepted by Customs officials at Terminal 3, IGI Airport, New Delhi, upon his arrival on 24th January, 2024. Upon such detention, two yellow bangles weighing 50 grams were recovered from him, while he was passing through the Green Channel. 4. Thereafter, no show cause notice has been issued and more than one Signature Not Verified Signed By:NAMITA DHYANI Signing Date:21.03.2025 17:07:52 year has passed. Hence, the present petition has been filed seeking release of the detained goods. 5. Issue notice. Mr. Harpreet Singh, ld. Senior Standing Counsel for Respondent accepts notice. He submits, on instructions, that admittedly, no show cause notice has been issued upon the Petitioner within the stipulated time period of six months of seizure of goods. Moreover, there has been no appraisement of the goods either. 6. Once the goods are detained, it is mandatory to issue a show cause notice and afford a hearing to the Petit