High CourtsDivision Bench(2024) 03 DEL CK 3646

Nodirkhon Khamidkhojiev vs The Commissioner Of Customs & Ors.

Delhi High Court · Decided on 19 March 2024

HON’BLE JUDGES
Sanjeev Sachdeva, J · Ravinder Dudeja, J
RESULT
Disposed Of
CASE NUMBER
W.P.(C) 3748/2024

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Judgment

7 paragraphs · 237 words

SANJEEV SACHDEVA, J. (ORAL)

1.

Petitioner seeks a direction to the respondent to release the goods and jewelry of the petitioner that were detained by the respondent on 19.05.2023. Learned counsel for petitioner submits that no Show Cause Notice has been issued within the statutory period.

2.

This is disputed by learned counsel for respondent, who submits that a Show Cause Notice was issued on 07.11.2023 within the statutory period of six months and sent to the address disclosed by the petitioner to the Revenue Authorities.

3.

Learned counsel for petitioner submits that as per his instructions, the Show Cause Notice was never received.

4.

Copy of the Show Cause Notice has been forwarded to learned counsel for petitioner today. Learned counsel accepts service of the Show Cause Notice on the petitioner and prays that since service has been accepted today, 30 days’ time be granted to the petitioner to respond to the Show Cause Notice.

5.

In view of the above, this petition is disposed of permitting the petitioner to file a reply to the Show Cause Notice within a period of 30 days from today. On reply being filed, the Adjudicating Authority shall adjudicate the Show Cause Notice in accordance with law.

6.

Needless to say, it would be open to the petitioner to avail of such further remedies as may be permissible in law in case petitioner is aggrieved by any further order passed.