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High CourtsDivision Bench(2025) 08 DEL CK 2057

Mohammad Asif vs The Commissioner Of Customs

Delhi High Court · Decided on 18 August 2025

HON’BLE JUDGES
Prathiba M. Singh, J · Shail Jain, J
RESULT
Disposed Of
CASE NUMBER
W.P.(C) 9085/2025

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Judgment

10 paragraphs · 384 words

Prathiba M. Singh, J. (Oral)

1.

This hearing has been done through hybrid mode.

2.

The present petition has been filed by the Petitioner- Mohammad Asif under Article 226 of the Constitution of India, inter alia, seeking release of the gold kada of the Petitioner, weighing 50 grams, seized by the Customs Department vide Detention Receipt No. 4706 dated 10th June, 2024 (New Detention Receipt No. 26861 dated 21st August, 2024).

3.

The case of the Petitioner is that he arrived at Terminal-3, Indira Gandhi International Airport, New Delhi (hereinafter, ‘IGI Airport’) on 10th June 2024 from Jakarta. Upon arrival at the IGI Airport, the Petitioner was intercepted by the concerned official of the Customs Department and the gold kada of the Petitioner was detained.

4.

The Petitioner has placed on record a photograph allegedly wearing the said gold kada.

5.

Ld. Counsel for the Respondent points out that in the detention receipt, it is clearly recorded that the detained item is ‘one silver coated elongated gold piece (wire)’ which was appraised on 21st August, 2024 in the presence of the Petitioner.

6.

On the last date i.e., 4th July, 2025, the gold item was directed to be produced before the Court. Today the same has been produced and it is noticed that the gold item is not the same as is being depicted in the photograph which has been annexed with the writ petition. Moreover, it is brought to the notice of this Court that the ld. Counsel for the Petitioner has himself signed the waiver and a hearing notice has also been issued which has not been attended by the Petitioner.

7.

Under these circumstances, the Court is not inclined to entertain the writ petition. Let the proceedings pursuant to the detention continue and the Order-in-Original be passed within three months. All rights and remedies of the parties are left open.

8.

Let the Petitioner appear before the Customs Department on 11th September, 2025. The Nodal Officer mentioned below shall facilitate the Petitioner’s appearance before the competent Adjudicating Authority for compliance with the present order. Mr. Sandeep Lamba, Superintendent, Customs Office of Commissioner, Customs IGI Airport, T-3, New Delhi Mobile No. 7405345000 Email Id: [email protected]

9.

The petition is disposed of in these terms. Pending applications, if any, are also disposed of.