ZHINET BANU NAZIR DADANY vs COMMISSIONER OF CUSTOMS NEW DELHI

Judgment text excerpt

$~56 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 3rd March, 2025 + W.P.(C) 2666/2025 & CM APPL. 12739/2025 ZHINET BANU NAZIR DADANY .....Petitioner Through: Mr. D S Chadha, Ms Harsimran Kaur and Ms Prabjyoti K Chadha, Advocates (M-9878563676) versus COMMISSIONER OF CUSTOMS NEW DELHI .....Respondent Through: Mr. Harpreet Singh, Adv. CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE RAJNEESH KUMAR GUPTA PrathibaM. Singh, J. (Oral) 1. This hearing has been done through hybrid mode. 2. The present petition has been filed under Article 226 of the Constitution of India, seeking enforcement of the order dated 17th May, 2019 passed by a co-ordinate bench of this Court in W.P. (C) 4606/2018. 3. The Petitioner, who is a Kenyan National, had sought return of gold weighing about 3732.48 gms, which was brought by her while travelling to India. The Customs had seized the same on 05th January, 2015 at I.G.I Airport, New Delhi. The Petitioner was not served a Show Cause Notice for six months after the seizure. The said seizure was accordingly challenged by her in W.P. (C) 4606/2018. 4. Vide a detailed final order dated 17th May, 2019, a Coordinate Bench of this Court had directed refund of the value of the gold detained by the Department. The operative portion of the said order reads as under: “23. In the present case with the seized material not being perishable, being gold bars, there was no reason for the Respondents to have hurriedly disposed W.P.(C) 2666/2025 Page 1 of 4 Signature Not Verified Signed By:RAHUL Signing Date:04.03.2025 19:07:55 it off and that too without notice to the Petitioner. When it was plain that even the SCN was not served upon the Petitioner, there was no reason to proceed with disposal of the seized gold without notice. It also appears that the Respo