YASIR VADAKKE KANHIROLI vs COMMISSIONER OF CUSTOMS T-3 IGI AIRPORT

Judgment text excerpt

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 29th May, 2025 + W.P.(C) 7078/2025 & CM APPL. 34564/2025 YASIR VADAKKE KANHIROLI .....Petitioner Through: Mr. Aamir Chaudhary, Mr. Aman Yadav & Mr. Sakshi Yadav, Advs. versus COMMISSIONER OF CUSTOMS T-3 IGI AIRPORT .....Respondent Through: Mr. Harpreet Singh, SSC with Ms. Suhani Mathur & Mr. Jai Ahuja, Advs. 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 under Articles 226 and 227 of the Constitution of India, inter alia, seeking release of the silver polished gold chain weighing 176 grams (hereinafter, ‘detained jewellery’), seized by the Customs Department vide Detention Receipt dated 26th October 2023. 3. On the last date of hearing i.e., 23rd May, 2025, the Court had noticed that in the present case, the detention of the detained jewellery has been challenged, however the Petitioner’s credential and passport details etc., were not on record. Accordingly, the Court had directed the Petitioner to place the same on record by the next date of hearing. 4. Further, the Court had also directed Mr. Harpreet Singh, ld. Senior Signature Not Verified Digitally Signed W.P.(C) 7078/2025 Page 1 of 7 By:RAHUL Signing Date:02.06.2025 16:21:34 Standing Counsel to seek instructions in the matter as to whether the Order- in-Original has been passed. 5. The Petitioner has placed on record his passport and residency card. The Petitioner holds an Indian passport, however, he is a resident of Bahrain. 6. The case of the Petitioner is that he was travelling from Bahrain to India on 26th October, 2023, and upon his arrival at the Indira Gandhi International Airport, New Delhi, h