VIKRAMJEET MASIH vs COMMISSIONER OF CUSTOMS

Judgment text excerpt

$~62 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 28th October, 2025 + W.P.(C) 16313/2025 VIKRAMJEET MASIH .....Petitioner Through: Ms. Richa Kumari, Adv. versus COMMISSIONER OF CUSTOMS .....Respondent Through: Mr. Gaurav Mani Tripathi, Adv for Mr. Atul Tripathi, SSC, CBIC. 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 under Article 226 of the Constitution of India, inter alia, challenging the detention of one silver coated gold kada weighing 255 grams (hereinafter, ‘gold kada’), which was detained by the Customs Department vide detention receipt dated 14th August, 2022. 3. The case of the Petitioner is that he is an Indian passport holder, who was travelling from Dubai. Upon his arrival at the Indira Gandhi International Airport, New Delhi, he was intercepted by the concerned officials of the Customs Department, and the gold kada was detained from his possession. The said detention is being challenged on the ground that no Show Cause Notice has been issued to the Petitioner. 4. Ms. Richa Kumari, ld. Counsel for the Petitioner has vehemently Signature Not Verified W.P.(C) 16313/2025 Page 1 of 6 Signed By:SUNITA KUMARI Signing Date:30.10.2025 16:13:25 argued that, since no Show Cause Notice has been issued to the Petitioner, the gold kada deserves to be released, in terms of judgment of the Supreme Court in Civil Appeal No. 3489/2024 titled Union of India &Anr. v. Jatin Ahuja, dated 11th September, 2025. In Union of India v. Jatin Ahuja (Supra) the Supreme Court has directed 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).