AVAZBEK MUSAEV vs COMMISSIONER OF CUSTOMS

Judgment text excerpt

$~57 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 10th November, 2025 + W.P.(C) 16976/2025 AVAZBEK MUSAEV .....Petitioner Through: Ms. Richa Kumari & Mr. Pawan, Advs. versus COMMISSIONER OF CUSTOMS .....Respondent Through: Mr. Vishal Chadha, SSC CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE SHAIL JAIN Prathiba M. Singh, J. (Oral) 1. This hearing has been done through hybrid mode. 2. The Petitioner- Avazbek Musaev, has filed the present writ petition under Article 226 of the Constitution of India challenging the detention of one gold bar weighing 50 grams (hereinafter, ‘the detained article’) which was detained vide detention receipt dated 13th July, 2024 when he was travelling from Uzbekistan to India. 3. The case of the Petitioner is that he is a citizen of Uzbekistan and had travelled to India on 13th July, 2024. Upon his arrival at the IGI Airport, the detained article was seized from his possession. 4. Ld. Counsel for the Petitioner submits that no show cause notice (hereinafter, ‘SCN’) has been issued to the Petitioner with respect to the detention. Hence, the detained articles shall be released. 5. According to the ld. Counsel for the Respondent, the SCN was orally communicated to the Petitioner. It is further submitted by ld. Counsel for the Signature Not Verified Signed By:TANISHKA W.P.(C) 16976/2025 Page 1 of 5 GUPTA Signing Date:14.11.2025 10:44:08 Respondent that the Petitioner is a foreign national and he should pay the redemption fine and penalty as well, since the detained article would not be covered by the Baggage Rules, 2016. 6. The Court has considered the matter. The seizure in this case would be a seizure under Section 110 of the Customs Act, 1962, and the issuance of SCN is mandatory failing which, in terms of judgment of the Supreme Court