GULFAM vs COMMISSIONER OF CUSTOMS

Judgment text excerpt

$~49 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 19th November, 2025 Uploaded on: 22nd November, 2025 + W.P.(C) 15791/2025 GULFAM .....Petitioner Through: Ms. Richa Kumari, Adv. versus COMMISSIONER OF CUSTOMS .....Respondent Through: Ms. Anushree Narain, 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 present petition has been filed by the Petitioner- Mr. Gulfam under Article 226 of the Constitution of India, inter alia, seeking release of the gold bar weighing 117 grams (hereinafter, ‘gold bar’) which was detained by the Customs Department. 3. A brief background of the Petitioner’s case is that the Petitioner was working in Saudi Arabia. He arrived in India on 5th January, 2023. Upon his arrival at the Indira Gandhi International Airport New Delhi, the gold bar was seized by the Customs Department vide detention receipt dated 5th January, 2023. 4. The case of the Petitioner is that after the detention receipt was issued, no Show Cause Notice has been issued to the Petitioner, and no personal hearing has been granted. Thus, the Petitioner is seeking release of the gold Signature Not Verified Digitally Signed W.P.(C) 15791/2025 Page 1 of 6 By:RAHUL Signing Date:22.11.2025 14:41:13 bar as continued detention of the same would be contrary to law, in view of the recent decision of the Supreme Court in Civil Appeal No.3489/2024 titled Union of India and Ors. v. Jatin Ahuja dated 11th September, 2025. The relevant portion of the said judgment reads as under: “17. It is difficult for us also to subscribe to the views expressed by the Bombay High Court in Jayant Hansraj Shah’s case (supra). We are of the view that the only power that has been conferred upon the Revenu