MOHAMMAD IDRES vs THE COMMISSIONER OF CUSTOMS

Judgment text excerpt

$~95 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 21st May, 2025 + W.P.(C) 3822/2025 MOHAMMAD IDRES .....Petitioner Through: Mr. S.Vijay Kanth and Mr. Utkarsh Tripathi, Advocates. versus THE 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. CM APPLs. 29809/2025 & 29810/2025 (exemption) 2. Allowed subject to all just exceptions. The applications stand disposed of. W.P.(C) 3822/2025 & CM APPL. 29808/2025 3. The present writ petition has been filed under Article 226 of the Constitution of India seeking release of the gold jewellery detained by the Customs Department vide Detention Receipt (old) dated 27th June, 2024. 4. The case of the Petitioner is that he is an Indian passport holder and is currently residing in the United Arab Emirates. It is stated that the Petitioner was travelling from Muscat to India on 27th June, 2024 and upon landing at the Indira Gandhi International Airport, New Delhi, he was intercepted by the Customs Department. The Petitioner is stated to have been wearing a gold chain weighing 94 grams (hereinafter “the detained article”), which was Signature Not Verified Signed By:NAMITA W.P.(C) 3822/2025 Page 1 of 8 DHYANI Signing Date:24.05.2025 16:10:55 seized by the Customs Department. As per the Petitioner, the same was also apprised through the authorised representative. However, no show cause notice with respect to the detention has been issued. 5. Ms. Anushree Narain, ld. Sr. Standing Counsel for the Customs Department, concedes to the fact that no show cause notice has been issued in this matter. However, a personal hearing notice is stated