Harsh Vinod Kumar v. The Commissioner Of Customs

$~62 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 3382/2025 & CM APPL. 15987/2025 HARSH VINOD KUMAR .....Petitioner Through:

Mr. S. Vijay Kanth& Mr. Utkarsh Tripathi, Advocates.

versus THE COMMISSIONER OF CUSTOMS .....Respondent Through:

Mr. Harpreet Singh, SSC.

CORAM:

JUSTICE PRATHIBA M. SINGH JUSTICE RAJNEESH KUMAR GUPTA

O R D E R

% 19.03.2025 1.

This hearing has been done through hybrid mode. 2.

The present petition has been filed by the Petitioner-Harsh Vinod Kumar under Article 226 of Constitution of India seeking issuance of an appropriate writ to direct release of the gold bangle weighing 44 grams of the Petitioner which has been seized vide detention receipt no. 38364 dated 4th July 2024 (Old detention receipt no. 4715 dated 27th June 2024). 3.

The case of the Petitioner is that he arrived at Terminal-3 of IGI Airport in New Delhi from Hong Kong on 27th June, 2024. The seized goods of the Petitioner were appraised and the value of the goods was stated to be approximately Rs. 2,00,000/-. The Petitioner is stated to have given his representation on 4th March, 2025 seeking release of the goods. However, the goods have not been released.

4.

Mr. Harpreet Singh, ld. Senior Standing Counsel on behalf of the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/03/2025 at 14:42:00

Respondent, on instructions submits that no show cause notice has been issued in this matter and no Order-in-Original has been passed by the Adjudicating Authority.

5.

In view thereof, since the time period for issuing the show cause notice has already elapsed in terms of Section 110 of the Customs Act, 1962, the goods are directed to be released within a period of four weeks, without collecting any storage charges.

6.

The release shall be subject to verification of the Petitioner or the authorised person.

7.

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

PRATHIBA M. SINGH, J RAJNEESH KUMAR GUPTA, J MARCH 19, 2025/da/ck The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/03/2025 at 14:42:00