KUSHAL RAM vs COMMISSIONER OF CUSTOMS & ANR.

Judgment text excerpt

$~48 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 18th September, 2025 + W.P.(C) 14447/2025 & CM APPL. 59199/2025 KUSHAL RAM .....Petitioner Through: Mr. Anupam Anand, Ms. Akanksha, Mr. Ashish Dev and Mr. Akshit Saini, Advs. (M:9220519292) versus COMMISSIONER OF CUSTOMS & ANR. .....Respondents Through: Mr. Aakarsh Srivastava, SSC. CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE SHAIL JAIN Prathiba M. Singh, J. (Oral) 1. This hearing has been done through hybrid mode. CM APPL. 59199/2025 (for exemption) 2. Allowed, subject to all just exceptions. Application is disposed of. W.P.(C) 14447/2025 3. The present petition has been filed by the Petitioner under Articles 226 and 227 of the Constitution of India, inter alia, challenging the detention receipt bearing no. 4607 dated 10th June, 2024, by which the following goods were detained: ● Two Silver coated Bracelet weighing 100 grams ● One Yellow Metal Kada weighing 100 grams ● Four iPhones 15 PRO (hereinafter ‘detained goods’) 4. The brief facts of the case are that, the Petitioner while travelling from Signature Not Verified W.P.(C) 14447/2025 Page 1 of 4 Digitally Signed By:RAHUL Signing Date:22.09.2025 16:37:29 Dubai along with his three family members, arrived in India on 10th June, 2024. Upon his arrival at the Indira Gandhi International Airport, Terminal- 3, New Delhi, he was intercepted by the concerned officials of the Customs Department, who seized the detained goods vide detention receipt dated 10th June 2024. (appraised on 9th September 2024). 5. Subsequently, the Order-in-Original dated 25th September, 2024 was passed by the Additional Commissioner of Customs, New Customs House, Indira Gandhi International Airport (hereinafter ‘impugned OIO’) wherein it was directed as under: “ORDER i) I deny the 'Free A