MOHD ABID vs COMMISSIONER OF CUSTOMS

Judgment text excerpt

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 29th May, 2025 + W.P.(C) 7297/2025 MOHD ABID .....Petitioner Through: Mr. Ashish Panday, Mr. Viraat Tripathi, Mr. Ajay Singh & Mr. Akshat Raghuvanshi, 9599437665. versus COMMISSIONER OF CUSTOMS .....Respondent Through: Ms. Anushree Narain, SSC with Mr. Ankit Kumar, Adv (9910014337). 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 writ petition has been filed by the Petitioner-Mohd Abid under Article 226 of the Constitution of India inter alia seeking a direction to the Customs Department to release the goods being two gold bangles weighing about 58 grams (hereinafter, ‘the detained articles’), belonging to the Petitioner, detained vide Detention Receipt dated 5th April, 2024. 3. It is the case of the Petitioner that he was travelling to India from Jeddah, Saudi Arabia after staying there for six months. The Petitioner is also employed in Jeddah, Saudi Arabia. 4. On the last date, i.e., 26th May, 2025, ld. Counsel for the Customs Department had sought time to seek instructions in the matter. 5. Today, ld. Counsel for the Customs Department submits that the Order- W.P.(C) 7297/2025 Page 1 of 8 Signature Not Verified Digitally Signed By:DHIRENDER KUMAR Signing Date:31.05.2025 17:15:45 in-Original dated 21st August, 2024 has already been passed in this matter. A perusal of the same shows that no show cause notice (hereinafter, ‘SCN’) was issued in the matter and no personal hearing has also been granted. Relevant paragraphs of the Order-in-Original dated 21st August, 2024 reads as under:- “2. The passenger Mohd Abid (DOB 01.01.1992) (hereinafter referred as the Pax') arrived from Jeddah to IGI Airport Te