W.P.(C)/12961/2025 of BILAL Vs COMMISSIONER OF CUSTOMS

*IN THE HIGH COURT OF DELHI AT NEW DELHI+W.P.(C) 12961/2025

BILAL

.....Petitioner

Through:Ms. Richa Kumari, Mr. Pawan, Mr.Prashant Chaudhary and Mr. PradhantSolanki, Advs.

versus

COMMISSIONER OF CUSTOMS

.....RespondentThrough:Mr. Akshay Amritanshu, SSC with Ms.Drishti Saraf, Ms. Drishti Rawal andMr. Mayur Goyal, Advs.

CORAM:JUSTICE PRATHIBA M. SINGHJUSTICE SHAIL JAINO R R%26.08.2025

1.This hearing has been done through hybrid mode.

2.The Petitioner has filed the present petition seeking release of thegoods i.e., two gold kaddas(hereinafter “the detained jewellery”) detainedby the Customs Department vide Detention Receipt dated 27th January,2024.

3.The case of the Petitioner is that he is an Indian passport holder whowas travelling from Dubai to Delhi on 27[th]January, 2024. Upon his arrivalat the Indira Gandhi International Airport, New Delhi the Petitioner wasintercepted and the detained jewellery were seized by the CustomsDepartment. It is stated that the detained jewellery had been purchased bythe Petitioner for his mother.

4.Thereafter, appraisement was also done of the detained jewellery,

however, till date no show cause notice has been issued and no hearing hasbeen fixed.

5.Mr. Amritanshu, ld. SSC submits that there is waiver of ShowCause Notice and personal hearing by the Petitioner, however, no Order-in-Original has been passed till date.

6.Heard the ld. Counsels for the Parties. The detention dates back to 27[th]January, 2024. The time period as prescribed under Section 110 of theCustoms Act, 1962 has already lapsed. The continued detention would,therefore, be untenable.

7.However, considering the nature of detained jewellery and the factthat the time period has already lapsed, the following directions are issued:

i.The Petitioner shall appear before the Customs Authorities on 28[th]September, 2025 at 11:30. In respect of the same, let the Petitionercontact the following officer who shall assist the Petitioner with therequisite procedure:September, 2025 at 11:30. In respect of the same, let the Petitionercontact the following officer who shall assist the Petitioner with therequisite procedure:

Officer: Mr. Sandeep Lamba, Superintendent, CustomsAddress: Office of Commissioner, Customs, IGI Airport,Terminal - 3, New Delhi

Mob. No: [REDACTED]Email:[REDACTED]

On the said date, the Customs duty shall be determined on thedetained jewellery which shall be paid by the Petitioner. Uponpayment of the customs duty the seized items shall be released.

ii.No redemption fine or penalty shall be liable to be paid by thePetitioneras the time for issuing the Show Cause Notice has alreadylapsed.

iii.No warehousing charges shall be charged in this matter.

8.The petition is disposed of in the above terms. Pending applications, ifany, are also disposed of.

PRATHIBA M. SINGH, J.

AUGUST 26, 2025dj/msh

SHAIL JAIN, J.