AAYASA vs THE COMMISSIONER OF CUSTOMS

Judgment text excerpt

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 29th May, 2025 + W.P.(C) 6915/2025 AAYASA .....Petitioner Through: Mr. Javed Khan, Adv. versus THE COMMISSIONER OF CUSTOMS .....Respondent Through: Mr. Akshay Amritanshu, Senior Standing Counsel CBIC, Ms Drishti Saraf, & Ms Drishti Rawal, Advs. (M: 9888368130) 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- Aayasa under Article 226 of the Constitution of India, inter alia, seeking release of the four gold bangles of the Petitioner, weighing a total of 173 grams (hereinafter, ‘the detained articles’) seized by the Customs Department vide Detention Receipt dated 5th February, 2024 (hereinafter, ‘detention receipt’). 3. The case of the Petitioner is that she was travelling from Saudi Arabia to New Delhi on 5th February 2024 by flight no. SG 066. Upon arrival at the Terminal-3, Indira Gandhi International Airport, New Delhi, the Petitioner was intercepted by the concerned officials of the Customs Department and the detained articles, which the Petitioner is stated to have been wearing were seized vide the detention receipt. According to the Petitioner, no Show Cause Signature Not Verified W.P.(C) 6915/2025 Page 1 of 8 Digitally Signed By:DHIRENDER KUMAR Signing Date:31.05.2025 17:21:38 Notice with respect to the detention (hereinafter, ‘SCN) has been issued to the Petitioner till date. 4. On the last date of hearing, ld. Counsel for the Customs Department was directed to seek instructions. Today, on instructions, it is submitted by ld. Counsel that the SCN was indeed not issued to the Petitioner upon detention and the Petitioner also did not appear for the appr