FIRDOUS AHMAD RATHER vs COMMISSIONER OF CUSTOMS

Judgment text excerpt

$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 29th May, 2025 + W.P.(C) 5081/2025 FIRDOUS AHMAD RATHER .....Petitioner Through: Ms. Richa Kumari, Mr. Ravi Rathore, Mr. Pawan and Mr. Yatin Bhutani, Advocates. versus COMMISSIONER OF CUSTOMS .....Respondent Through: Mr. Aditya Singla, SSC, CBIC with Mr. Umang Misra and Mr. Raghav Bakshi, Advocates. 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 under Articles 226 and 227 of the Constitution of India, inter alia, seeking release of one gold chain weighing 117 grams and three iPhone 15 Pro Max 256 GB variant (hereinafter “detained goods”), which were seized by the Customs Department vide Detention Receipt No. 3366 dated 22nd December, 2023. 3. In addition to the above, the Petitioner has also challenged the impugned Order-in-Original dated 16th February, 2024 and the Order-in- Signature Not Verified Signed By:NAMITA W.P.(C) 5081/2025 Page 1 of 9 DHYANI Signing Date:02.06.2025 18:18:41 Appeal dated 16th December, 2024. 4. The Petitioner is an Indian citizen. It is the case of the Petitioner that on 22nd December, 2023, the Petitioner had arrived at the Indira Gandhi International Airport, New Delhi from Dubai and upon his arrival he was intercepted by the Customs Department. It is stated that the detained goods, of which the gold chain was worn by the Petitioner and the iPhones were for his personal use, were seized by the Customs Department. 5. On 22nd April, 2025 notice was issued in this matter and a direction was issued to the Customs Department to place on record the copy of the declaration filed by the Petitioner. 6. Mr. Aditya Singla, ld. Senior Standing Counsel for the