FARZANA BEGUM vs COMMISSIONER OF CUSTOMS

Judgment text excerpt

$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 29th May, 2025 + W.P.(C) 5014/2025 FARZANA BEGUM .....Petitioner Through: Mr. Aditya Raj, Mr. Pratham Diwakar and Mr. Pravej Hasan, Advocates. Mr. Ashish Panday, Mr. Ajay Singh, Mr. Akshat Raghuvanshi, Advocates. versus COMMISSIONER OF CUSTOMS .....Respondent Through: Ms. Anushree Narain, SSC with Mr. Ankit Kumar, Advocate. 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 who was returning to India from Mecca, Saudi Arabia after performing religious pilgrimage (“Umrah”) on 04th March, 2024. Her three gold bangles and one gold ring weighing 55 grams (hereinafter, ‘the detained articles’) were detained vide detention receipt dated 4th March, 2024. 3. It is stated in the petition that the Petitioner visited the Customs Department twice, once in March, 2024 and then again in April, 2025 for return of the detained articles. However, the same were not returned. No show cause notice (SCN) has been issued in this matter and no personal hearing notice has been given. Signature Not Verified Signed By:NAMITA W.P.(C) 5014/2025 Page 1 of 8 DHYANI Signing Date:02.06.2025 18:24:23 4. However, after notice was issued in this writ petition on 22nd April, 2025, a notice for personal hearing has been issued on 16th May, 2025. The Petitioner has been provided with three dates for personal hearing being 23rd May, 2025, 30th May, 2025 and 09th June, 2025. 5. Considering that no SCN has been issued and more than a year has lapsed, the detention shall no longer be tenable. This Court, while deciding the issue pertaining to non-issuance of the Show Cause Notice within the prescribed