MOHAMMAD NOMAN RANA vs THE COMMISSIONER OF CUSTOM & ORS.

Judgment text excerpt

$~88 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 12th November, 2025 + W.P.(C) 17177/2025 MOHAMMAD NOMAN RANA .....Petitioner Through: Mr. Mobin Akhtar, Adv. versus THE COMMISSIONER OF CUSTOM & ORS. .....Respondents Through: Mr. Aditya Singla, SSC, CBIC with Ms. Arya Suresh Nair, Mr. Akhil Sharma, Ms. Shreya Lamba and Mr. Dhananjay Gautam, Advs. CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE SHAIL JAIN JUDGMENT Prathiba M. Singh, J. 1. This hearing has been done through hybrid mode. 2. The Petitioner, inter alia, challenges the continued detention of two rectangular gold bars weighing 233 grams (24 karat purity) which was seized by the Customs Department vide Detention Receipt dated 8th April, 2023, when he was travelling from Saudi Arabia to India. 3. The case of the Petitioner is that no Show Cause Notice has been issued, no hearing has been granted and no order has also been passed. 4. The Petitioner relies upon the judgment of the Supreme Court in Civil Appeal No. 3489/2024 titled Union of India &Anr. v. Jatin Ahuja. 5. Mr. Aditya Singla, ld. SSC, on behalf of the Customs Department, submits that there was a waiver of SCN and the Petitioner did not appear for personal hearing or appraisement. Signature Not Verified Signed By:TANISHKA W.P.(C) 17177/2025 Page 1 of 8 GUPTA Signing Date:15.11.2025 12:48:19 6. Heard. It is clear that, till date, there has been no order which has been passed in this matter. In Jatin Ahuja (supra), the Supreme Court had observed 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