Shakhnoza Makhmudova v. Commissioner Of Customs

$~233 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 5034/2025 SHAKHNOZA MAKHMUDOVA .....Petitioner Through:

Mr. Zeeshan Rizvi, Ms. Syed Shahid Hussain Rizvi and Ms.

Mariya, Advocates 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

% 22.04.2025 1.

This hearing has been done through hybrid mode. 2.

The present petition has been filed by the Petitioner- Shakhnoza Makhmudova under Article 226 and 227 of the Constitution of India, inter alia, seeking release of the gold jewellery i.e. 15 gold rings, 5 pair of earrings and 3 chains with gold pendant (hereinafter, 'goods') seized by the Respondent- Commissioner of Customs vide detention receipt bearing no. 4106 dated 29th March 2024 (New Detention Receipt No. 15438 dated 04th April 2024) (hereinafter, 'detention receipt'). 3.

The case of the Petitioner is that he is a citizen of Uzbekistan. On 29th March 2024, the Petitioner arrived in India by flight no. HY421 at the Indira Gandhi International Airport, New Delhi.

4.

Ld. Counsel for the Petitioner submits that there are various errors in the present petition and he would like to withdraw the same with liberty to file afresh.

5.

The Court has noticed that there are various representations which 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 25/04/2025 at 17:29:01

Petitioner has made to the Respondent for communication of the order as well as for release of the goods. Neither of the said representations has received any response from the Customs Department.

6.

In the overall facts and circumstances, instead of dismissing the present petition as withdrawn, this Court is of the opinion that the representations of the Petitioner can be considered by the department. Considering that there are a substantial number of gold items seized, let the Petitioner appear before the Customs Department for appraisal of the goods and for passing of orders in accordance with law.

7.

The Petitioner is permitted to appear either personally or through authorised representative before the Customs Department. All rights and remedies of the parties are left open.

8.

The hearing shall be conducted on 5th May, 2025 at 11:30 A.M. 9.

The hearing notice for the said hearing shall also be communicated to the ld. Counsel for the Petitioner and also to the Petitioner at the following email address and mobile numbers:

●advmariya10@gmail.com;

●9650240991;

●9520260225;

10.

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

PRATHIBA M. SINGH, J.

RAJNEESH KUMAR GUPTA, J.

APRIL 22, 2025 gs/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 25/04/2025 at 17:29:01