MAHESH KUMAR SAINI vs THE COMMISSIONER OF CUSTOMS

Judgment text excerpt

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 29th May, 2025 + W.P.(C) 7009/2025 MAHESH KUMAR SAINI .....Petitioner Through: Mr. Javed Khan, Adv. versus THE COMMISSIONER OF CUSTOMS .....Respondent Through: Mr Akash Verma, Sr. Standing Counsel, CBIC with Ms. Aanchal Uppal, 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- Mahesh Kumar Saini under Article 226 of the Constitution of India, inter alia, seeking release of the gold kada of the Petitioner, weighing a total of 120 grams (hereinafter, ‘the detained article’) seized by the Customs Department vide Detention Receipt dated 6th February, 2024 (hereinafter, ‘detention receipt’). 3. The case of the Petitioner is that he was travelling from Qatar to New Delhi on 06th February, 2024. Further, at the T-3, IGI Airport, New Delhi, the Petitioner was intercepted by the Custom authorities and the said kada of the Petitioner was detained. The detention receipt being Detention Receipt No. 3716 was issued on 6th February, 2024. According to the Petitioner, no Show Cause Notice with respect to the detention (hereinafter, ‘SCN) has been issued to the Petitioner till date. W.P.(C) 7009/2025 Page 1 of 8 Signature Not Verified Digitally Signed By:DHIRENDER KUMAR Signing Date:31.05.2025 17:21:38 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 the ld. Counsel that the SCN was indeed not issued to the Petitioner upon detention and the Petitioner also did not appear for the appraisement of the detained articles. 5. This Court, while deciding the issue pertaining