PAWAN KUMAR vs THE COMMISSIONER OF CUSTOMS

Judgment text excerpt

$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 17th September, 2025 + W.P.(C) 6116/2025 PAWAN KUMAR .....Petitioner Through: Mr. S. Vijay Kanth, Adv. versus THE COMMISSIONER OF CUSTOMS .....Respondent Through: Ms. Arya Suresh, Adv. for Mr. Aditya Singla, SSC, CBIC (7558898905) CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE SHAIL JAIN JUDGMENT Prathiba M. Singh, J. 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 a gold chain of the Petitioner which is stated to be weighing 58 grams and two iPhones 15 Pro (128 GB) which were detained upon the Petitioner’s arrival at the Indira Gandhi International Airport, New Delhi on 14 th May, 2024. The Petitioner further prays for setting aside the personal hearing letter dated 3rd April, 2025 issued by the Respondent-Customs Department. 3. The case of the Petitioner is that no Show Cause Notice (hereinafter ‘SCN’) has been issued to the Petitioner, and therefore the seized goods are liable to be returned in terms of Section 124 of the Customs Act, 1962. 4. On the other hand, the case of the Customs Department is that on the date of detention, the SCN was orally waived by the Petitioner. However, Signature Not Verified Digitally Signed By:RAHUL W.P.(C) 6116/2025 Page 1 of 7 Signing Date:22.09.2025 16:18:51 following the directions given by this Court in W.P.(C) 198/2025 titled Qamar Jahan v. Union of India, Represented by Secretary, Ministry of Finance & Ors., personal hearing was given to the Petitioner vide personal hearing notice dated 3rd April, 2025 on three dates i.e, 11th April, 2025, 17th April, 2025 and 21st April, 2025. However, the Petitioner failed to appear. 5. Ld