Mohamed Anas v. The Joint Commissioner Of Customs & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 5604/2025 & CM APPLs. 25563/2025 & 25564/2025 MOHAMED ANAS .....Petitioner Through:

Mr. Akshat Malpani and Mr. Azhar Assees, Advs. (M:9810320102) versus THE JOINT COMMISSIONER OF CUSTOMS & ANR.

.....Respondents Through:

Mr. R. Ramachandran, Sr. Standing Counsel for R-2.

Mr.

Anurag Ojha, Sr.

Standing Counsel with Mr. Subham Kumar and Mr. Dipak Raj, Advs. for R-3. (M:

6200388793)

CORAM:

JUSTICE PRATHIBA M. SINGH JUSTICE RAJNEESH KUMAR GUPTA

O R D E R

% 30.04.2025 1.

This hearing has been done through hybrid mode. CM APPL.25564/2025 (for exemption) 2.

Allowed, subject to all just exceptions. Application is disposed of. W.P.(C) 5604/2025 & CM APPL.25563/2025 (for interim relief) 3.

The present petition has been filed by the Petitioner- Mohamed Anas under Article 226 of the Constitution of India seeking directions to the Respondent- The Joint Commissioner of Customs (Preventive) (hereinafter, 'the Department') to expeditiously adjudicate and decide the pending matter related to the confiscation of goods of the Petitioner. 4.

The case of the Petitioner herein is that he is an Indian citizen and was travelling from Doha to Trivandrum on 14th July, 2019, when he was detained by the Customs Officials at the Calicut Airport. Upon such detention, the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Petitioner was seized of his gold articles being three gold chains and six gold bangles weighing a total of 1256.11 grams.

5.

A seizure memo dated 15th July, 2019 was issued by the Senior Intelligence Officer, Directorate of Revenue Intelligence, Thiruvananthapuram (hereinafter, 'the DRI').

6.

The Petitioner was also arrested by the DRI vide arrest memo dated 15th July, 2019 and thereafter, he was released on bail on the same date. A case was registered against him vide OR.No. DRI/CoZU/TVM/08/2019 dated l5th July, 2019.

7.

Thereafter, summons were issued to the Petitioner pertaining to the above mentioned case and he also claims to have signed certain statements under coercion.

8.

Aggrieved by the proceedings initiated against him by the DRI, the Petitioner approached the High Court of Kerala by filing W.P.(C) No. 24020/2023.

9.

During the pendency of the proceedings before High Court of Kerala, the DRI filed a counter affidavit and relied upon a confiscation order passed by the Joint Commissioner of Customs wherein an order for absolute confiscation of the Petitioner's detained goods has been passed. 10.

It is submitted by the Petitioner that he had not been served with a certified copy of the said confiscation order and only came to apply for the same on 21st September, 2023 and received it on 26th September, 2023. 11.

Upon receiving the confiscation order, the Petitioner preferred an appeal bearing no. 15/CUS/lVM/2023 before the Commissioner of Appeals, Cochin. However, the appeal was dismissed on the ground of delay vide an order dated 28th March, 2024.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

12.

Being aggrieved by the order passed by the Commissioner of Appeals, the Petitioner preferred a Revision Application F.No.373/108/B/SZ/2-24-R.A which is pending before Additional Secretary, Ministry of Finance, Revenue Department.

13.

In the present petition, the Petitioner's grievance is that despite the revision application having been filed at least one year ago, no notice has been received by him and no date for hearing has been fixed. Hence, through the present petition, the Petitioner merely prays for expediting the hearing of the revision application.

14.

Mr. R. Ramachandran, ld. Counsel, who is present in Court, accepts notice. He is directed to inform the Department in this regard. 15.

Considering the nature of the relief sought, it is directed that the revision authority shall dispose of the revision application filed by the Petitioner within a period of four months.

16.

A personal hearing notice shall be issued upon the Petitioner on the following email address and phone number:

Email : sanjeevkumarchandgra@gmail.com Mobile No. :9810320102 17.

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

PRATHIBA M. SINGH, J.

RAJNEESH KUMAR GUPTA, J.

APRIL 30, 2025/dk/ss The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.