LAKHVIR SINGH SOHLANKI vs COMMISSIONER OF CUSTOMS

Judgment text excerpt

$~61 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 10th November, 2025 + W.P.(C) 16999/2025 LAKHVIR SINGH SOHLANKI .....Petitioner Through: Ms. Richa Kumari & Mr. Pawan, Advs. versus COMMISSIONER OF CUSTOMS .....Respondent Through: Sh. Atul Tripathi, SSC, CBIC with Mr. Shubham Mishra, Mr. Gaurav Mani Tripathi & Mr. Akshay Sagar, Advs. CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE SHAIL JAIN Prathiba M. Singh, J. (Oral) 1. This hearing has been done through hybrid mode. 2. The petition has been filed by the Petitioner challenging the continued detention of one gold chain weighing 100 grams (hereinafter, ‘the detained article’) which the Petitioner concedes to have purchased from Dubai. The same was detained vide detention receipt dated 8th October, 2023. 3. The case of the Petitioner is that he is an Indian citizen and had travelled to Dubai, where he purchased the detained article for personal use. Upon his arrival in India, he was wearing the detained article which was then seized by the Customs officials. 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. Reliance is placed Signature Not Verified Signed By:TANISHKA W.P.(C) 16999/2025 Page 1 of 5 GUPTA Signing Date:14.11.2025 10:44:08 upon the judgment of the Supreme Court in Union of India & Anr. v. Jatin Ahuja in Civil Appeal No.3489/2024 which 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 Revenue to extend the time period is in accordance with the first proviso to Sub-section (2) of Sect