Farrukh Ibronov v. Commissioner Of Customs
$~141 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 3401/2025 FARRUKH IBRONOV .....Petitioner Through:
Mr. Richa Kumari, Advocate.
versus COMMISSIONER OF CUSTOMS .....Respondent Through:
Ms. Anushree Narain, SSC with Mr.Ankit Kumar, Advocate.
CORAM:
JUSTICE PRATHIBA M. SINGH JUSTICE RAJNEESH KUMAR GUPTA
O R D E R
% 21.05.2025 1.
This hearing has been done through hybrid mode. 2.
The present petition was mentioned in the morning and had been listed upon mentioning.
3.
The present petition was filed under Article 226 of the Constitution of India seeking to set aside the seizure of the 'two gold bracelets of total weight of 124 grams', made vide Detention Receipt No. 3950 dated 08th March 2024 (new Detention Receipt No. 15407 dated 22nd March 2024) and to further return the seized goods to the Petitioner.
4.
On the first date of hearing i.e., 19th March, 2023 the Court upon hearing the parties had disposed of the matter in the following terms: "5. Once the goods are detained, it is mandatory to issue a show cause notice and afford a hearing to the Petitioner. The time prescribed under Section 110 of the Customs Act, 1962, is a period of six months and subject to complying with the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
formalities, a further extension for a period of six months can be taken by the Department for issuing the show cause notice. In this case, the one year period itself has elapsed, thus no show cause notice can be issued. The detention in therefore impermissible.
6. In view thereof, the goods are directed to be released without any storage charges within a period of four weeks.
7. Release shall be subject to verification of the Petitioner.
8. The petition is disposed of. Pending applications, if any, are also disposed of."
5.
Subsequently, on 15th May, 2025 an application being CM APPL.- 29532/2025 was filed by the Petitioner seeking to direct the RespondentCustoms Department to comply with the order dated 19th March, 2025. On the said date, the Court had passed the following order: "4.
Mr. Harpreet Singh, ld. Senior Standing Counsel for the Respondent submits that the message has already been conveyed to the Petitioner that the goods would be released without collecting any storage charges.
5. If the said goods are not released by 25th May, 2025, the Petitioner is permitted to reagitate this application.
6. Accordingly, the present application is disposed of." 6.
Today the grievance raised by the ld. Counsel for the Petitioner is that despite specific orders for non-collection of warehouse charges, the Central Warehousing Corporation (hereinafter 'CWC') has collected a sum of Rs.1,09,516/- yesterday evening. On behalf of the Customs Department, it is submitted that the Department has asked CWC to release the subject goods without collecting warehousing charges.
7.
In view thereof, issue notice to - (i) Ms. Anjali Ralhan, Assistant Manager [Mob. No. 9811505558], (ii) Mr. Kavitha Kathuria, Sr. General Manager [Mob. No. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
9540015111], of Central Warehousing Corporation seeking explanation as to why contempt action ought not be initiated against them.
8.
Registry to serve this order on the said persons, on their mobile number. Let the present order be communicated to CWC through the Customs department by Ms. Anushree Narain, ld. Sr. Standing Counsel as well. 9.
List on 29th May, 2025.
PRATHIBA M. SINGH, J RAJNEESH KUMAR GUPTA, J MAY 21, 2025 v/Ar.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.