MOHD SAJID vs COMMISSIONER OF CUSTOMS NEW DELHI

Judgment text excerpt

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 20th March, 2025 + W.P.(C) 2910/2025 & CM APPL. 13826/2025 MOHD SAJID .....Petitioner Through: Mr. D S Chadha, Adv. (M: 9818563676) versus COMMISSIONER OF CUSTOMS NEW DELHI .....Respondent Through: Mr. Aditya Singla SSC CBIC, Mr. Ritwik Saha, Ms Medha Navami & Mr Siddharth Saxena, Advs. (M: 7042841191) 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. 13826//2025 (for exemption) 2. Allowed, subject to all just exceptions. Application is disposed of. W.P.(C) 2910/2025 3. The present petition has been filed by the Petitioner- Mohd Sajid under Article 226 of the Constitution of India, seeking issuance of an appropriate writ directing return of the goods seized by the Respondent- Customs Department. 4. The Petitioner, who is a resident of Meerut, Uttar Pradesh, was found in possession of a total of 4 old and used iPhone 13 Pro, 128 GB (phones Signature Not Verified Signed By:DHIRENDER W.P.(C) 2910/2025 Page 1 of 3 KUMAR Signing Date:22.03.2025 20:39:03 without battery) at the time of his arrival at the Terminal 3, Indira Gandhi International Airport, New Delhi on 22nd July 2024. The Petitioner was travelling from Hong Kong to India. 5. The case of the Petitioner is that they were old and used iPhones, and the same were seized by the Customs officials, and a show cause notice bearing no. VIII(AP)10/P&I/5035-B/Arrival/2024 was issued on 17th January, 2025. 6. Ld. Counsel for the Petitioner submits that the six-month period has already lapsed and, therefore, the show cause notice is belated in terms of Section 110 of the Customs Act, 1962. Ld. Counsel further submits that the show cause notice was sent by the Custo