YOGESH ANAND vs COMMISSIONER OF CUSTOMS

Judgment text excerpt

$~96 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 21st May, 2025 + W.P.(C) 4503/2025 YOGESH ANAND .....Petitioner Through: Ms. Richa Kumari, Advocate. versus COMMISSIONER OF CUSTOMS .....Respondent Through: Mr. Atul Tripathi, SSC with Mr. Shubham Mishra and Mr. Gaurav Mani Tripathi, Advocates for R/ CBIC. 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 under Articles 226 of the Constitution of India seeking release of the goods of the Petitioner detained by the Customs Department vide Detention Receipt dated 10th October, 2024. 3. The case of the Petitioner is that he is an Indian passport holder and a resident of the United Arab Emirates and was travelling from Dubai to India on 28th September, 2024. Upon landing at the Indira Gandhi International Airport, New Delhi, he was intercepted by the Customs Department. The following articles (hereinafter, ‘detained goods’) of the Petitioner are stated to have been seized by the Customs Department. • 01 Yellow Metal kada appearing gold Signature Not Verified Signed By:NAMITA W.P.(C) 4503/2025 Page 1 of 10 DHYANI Signing Date:24.05.2025 16:10:55 • 01 Yellow Metal Chain appearing gold • iPhone 16 Pro 256 GB 4. It is submitted that the detained goods i.e. the gold kada and gold chain are his personal effects and the iphone is also a used mobile phone. Hence, the same are liable to be released. It is further submitted on behalf of the Petitioner that no show cause notice has been issued with respect to the detention of his goods. 5. Mr. Atul Tripathi, ld. Sr. Standing Counsel, has upon instructions placed on record the order in original dated 16th May, 2025. The operative portion