SAI KIRAN GOUD TIRUPATHI vs COMMISSIONER OF CUSTOMS

Judgment text excerpt

$~93 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 18th March, 2025 + W.P.(C) 3347/2025 SAI KIRAN GOUD TIRUPATHI .....Petitioner Through: Mr. Ravi Rathore and Ms. Richa Kumari, Advs. (M:8766321884) versus COMMISSIONER OF CUSTOMS .....Respondent Through: Mr. Harpreet Singh, Sr. Standing Counsel with Ms. Suhani Mathur and Mr. Jai Ahuja, Advs. (M:8383820042) 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- Mr. Sai Kiran Goud Tirupathi under Article 226 of the Constitution of India inter alia seeking setting aside of the seizure of the gold Kada seized vide detention receipt no. 3959 (New detention receipt no. 52926) dated 12th March 2024. 3. It is the case of the Petitioner that he is an Indian citizen, who was travelling from Mali to India and had landed at Indira Gandhi International Airport, New Delhi on 12th March, 2024. He was wearing a gold Kada weighing 50 grams, which was seized by the Customs Department upon arrival. Appraisal of the same was done and the Kada was valued at Rs.2,85,079/- as it had 986 average purity. 4. According to the Petitioner, no show cause notice was issued to him W.P.(C) 3347/2025 Page 1 of 4 Signature Not Verified Signed By:DEVANSHU JOSHI Signing Date:18.03.2025 19:34:37 and more than one year has elapsed since the detention. Hence, the Petitioner has filed this petition seeking setting aside of the detention order and release of Kada. 5. Ld. Counsel for the Petitioner further submits that the said gold kada was a personal effect of the Petitioner as his name `SAI’ was engraved on the same. 6. On the other hand, Mr. Harpreet Singh, ld. Counsel for the Customs Department submits