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High Court of DelhiW.P.(C)/3002/2025

Amirhossein Alizadeh v. The Commissioner Of Customs & ORS.

2025-03-10Hon'Ble Ms. Justice Prathiba M. Singh,Hon'Ble Mr. Justice Rajneesh Kumar Gupta4 pages

$~Mentioning * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3002/2025 AMIRHOSSEIN ALIZADEH .....Petitioner Through:

Mr. MD Ather & Mr. S. Vijaykant, Advs.

versus THE COMMISSIONER OF CUSTOMS & ORS. .....Respondents Through:

Ms. Anushree Narain, SSC Mr. Harpreet Singh, SSC, CBIC.

CORAM:

JUSTICE PRATHIBA M. SINGH JUSTICE RAJNEESH KUMAR GUPTA

O R D E R

% 23.05.2025 1.

This hearing has been done through hybrid mode. CM APPL.____/2025 (to be numbered) in W.P.(C) 3002/2025 2.

This is an application moved by the Petitioner- Amirhossein Alizadeh seeking implementation of the order dated 10th March, 2025 passed by this Court.

3.

The stand of the Petitioner is that despite the said order making abundantly clear that no storage charges shall be collected, the Central Warehousing Commission (hereinafter, CWC) is not releasing the detained goods of the Petitioner without payment of the storage charges. 4.

It is further submitted that the Customs Department has already issued a detention certificate dated 21st May, 2025, asking CWC to release the goods to the Petitioner in compliance of the order dated 10th March, 2025. Yet, the necessary steps have not been taken by the CWC. 5.

The Petitioner, being an Iranian national, came to India to receive his The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

detained goods and is scheduled to travel back on 27th April, 2025. Hence the present application.

6.

This Court has already taken a serious note of similar conduct of CWC in W.P.(C) 3401 of 2025 titled Farrukh Ibronov v. Commissioner of Customs vide order dated 21st May, 2025. In the said case, notice has been issued upon the concerned officials from CWC seeking explanation as to why contempt action ought not be initiated against them for their failure to comply with specific directions of the Court for release of detained articles without payment of storage charges.

7.

Considering the urgency in the matter, let notice be issued to the CWC through the following officials:

i) Ms. Anjali Ralhan, Assistant Manager, CWC (Mob. No.9811505558) ii) Ms. Kavita Kathuria, Sr. General Manager, Delhi Region (Mob. No. 9540015111) 8.

It is directed that at least one of the above mentioned officials shall remain present today in Court either physically or virtually. Let intimation of this order be given to the CWC officials by the Registry on their respective mobile numbers.

9.

List this matter today itself i.e., 23rd May, 2025 at 4:00 P.M. PRATHIBA M. SINGH, J.

RAJNEESH KUMAR GUPTA, J.

MAY 23, 2025 Rahul/ss The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

$~70 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3002/2025 AMIRHOSSEIN ALIZADEH .....Petitioner Through:

Mr. MD Ather & Mr. S. Vijaykant, Advs.

versus THE COMMISSIONER OF CUSTOMS & ORS. .....Respondents Through:

Ms. Anushree Narain, SSC Mr. Harpreet Singh, SSC, CBIC.

Ms. Pragati Sharma, DGM, CWC.

CORAM:

JUSTICE PRATHIBA M. SINGH JUSTICE RAJNEESH KUMAR GUPTA

O R D E R

% 23.05.2025 1.

This hearing has been done through hybrid mode. CM APPL.32346/2025 2.

At 04:40 PM, the matter has been taken.

3.

Ms. Pragati Sharma, Deputy General Manager, CWC is present in Court. Pursuant to the notice issued by this Court in the morning, she submits that if the Customs Department issues a detention certificate asking CWC to release the detained goods, the CWC would not be charging any warehousing or storage charges.

4.

She further submits that in the present matter, since the detention certificate dated 21st May, 2025 has been issued by the Customs Department, the CWC is willing to release the detained goods without imposing any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

warehouse charges.

5.

For the said purpose, let the Petitioner approach the concerned CWC Office tomorrow i.e., on 24th May, 2025 at 11 A.M. 6.

Accordingly, the application is disposed of in said terms. PRATHIBA M. SINGH, J.

RAJNEESH KUMAR GUPTA, J.

MAY 23, 2025 v/ss The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.