NADEEM AHMAD vs COMMISSIONER OF CUSTOMS

Judgment text excerpt

$~64 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 20th November, 2025 Uploaded on: 24th November, 2025 + W.P.(C) 16722/2025 NADEEM AHMAD .....Petitioner Through: Dr. Ashutosh & Ms. Fatima, Advs. versus COMMISSIONER OF CUSTOMS .....Respondent Through: Mr. Akshay Amritanshu, SSC with Ms. Drishti Rawal, Mr. Mayur Goyal, Mr. Sarthak Srivastava, Advs. CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE SAURABH BANERJEE JUDGMENT Prathiba M. Singh, J. 1. This hearing has been done through hybrid mode. 2. The present petition has been filed by the Petitioner- Nadeem Ahmed under Articles 226 and 227 of the Constitution of India, inter alia, seeking release of one gold bar weighing 117 grams (hereinafter, ‘gold bar’) which was detained by the Customs Department vide detention receipt No.2162 dated 7th July, 2023. 3. A brief background of the Petitioner’s case is that, the Petitioner is an Indian Passport holder bearing Passport No. T0953826 who had travelled back to India on 7th July, 2023. Upon his arrival at the Indira Gandhi International Airport, New Delhi, he was intercepted by the concerned Signature Not Verified Digitally Signed W.P.(C) 16722/2025 Page 1 of 5 By:DHIRENDER KUMAR Signing Date:24.11.2025 11:12:17 officials of the Customs Department and the gold bar was detained. 4. The case of the Petitioner is that after the detention of the gold bar, no Show Cause Notice (hereinafter ‘SCN’) has been issued to the Petitioner under Section 110 of the Customs Act, 1962 (hereinafter, ‘the Act’). 5. The ld. Counsel for the Petitioner relies upon the decision of the Supreme Court in Union of India & Anr. v. Jatin Ahuja, Civil Appeal No. 3489/2024 dated 11th September, 2025. 6. Mr. Akshay Amritanshu, ld. Senior Standing Counsel also submits that no SCN has been issued in this