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Judgment
Prathiba M. Singh, J. (Oral)
This hearing has been done through hybrid mode.
The present petition under Article 226 of the Constitution of India has been filed by the Petitioner inter alia challenging the detention of a yellow metal chain weighing 100 grams which was seized when he was travelling from Dubai to New Delhi on 30th/31stMarch, 2024. Pursuant to the said detention, Detention Receipt No. 4121 was issued on 31st March, 2024.
The grievance of the Petitioner is that till date no Show Cause Notice (hereinafter ‘SCN’) has been issued and no order has been passed either.
On the other hand, ld. Counsel for the Respondent-Mr. Shubham Tyagi has produced a waiver which has been signed by the lawyer for the Petitioner, namely, Mr. Mohammad Athar and submits that the said waiver was a conscious waiver in terms of Section 124 of the Customs Act, 1962.
Dr. Ashutosh, ld. Counsel for the Petitioner submits that he was not aware of such waiver being signed and that the same might have been signed by his predecessor. He further submits, irrespective of such waiver, the Petitioner ought to have been heard before passing of an order.
Be that as it may, considering the fact that Petitioner has neither been issued an SCN nor been granted personal hearing till date, let the Petitioner appear before the department for a personal hearing. The nodal officer shall guide the Petitioner to the appropriate adjudicating authority.
Mr. Sandeep Lamba, Superintendent, Customs Office of Commissioner, Customs IGI Airport, T-3, New Delhi Mobile No. 7405345000 Email Id: [email protected]
The adjudicating authority shall grant the Petitioner a personal hearing on 17th September, 2025 who shall, after hearing the Petitioner, pass an Order-in-Original in accordance with law within a period of three months.
The petition is disposed of in these terms. Pending applications, if any, are also disposed of.