Sajid Khan v. The Commissioner Of Customs

$~39 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6386/2025 SAJID KHAN .....Petitioner Through:

Mr. Javed Khan & Mr. Prashant Solanki, Advs versus THE COMMISSIONER OF CUSTOMS .....Respondent Through:

Ms. Anushree Narain, SSC with Mr.

Naman Choula, Adv

CORAM:

JUSTICE PRATHIBA M. SINGH JUSTICE SHAIL JAIN

O R D E R

% 10.09.2025 1.

This hearing has been done through hybrid mode. 2.

The present petition has been filed, inter alia, seeking release of the eight cut gold pieces, weighing 148 grams (hereinafter, "seized gold items"), of the Petitioner seized by the Customs Department vide Detention Receipt dated 28th June 2024.

3.

On 14th May, 2025, the Court after hearing the parties had issued notice and observed as under:

"4. The case of the Petitioner is that he arrived at the Terminal-3, Indira Gandhi International Airport, New Delhi (hereinafter, 'IGI Airport') from Saudi Arabia on 28th June 2024. Upon arrival at the IGI Airport, the Petitioner was intercepted by the concerned officials of the Customs Department and the said goods were seized from the Petitioner. The appraisement of the goods which were detained was conducted on 07th August, 2024. However, no Show Cause Notice has been issued till dated.

5. Issue notice. Ms. Anushree Narain, ld. Senior 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 15/09/2025 at 12:09:54

Standing Counsel, accepts notice for Respondent.

6. Let a short counter affidavit be filed by the Respondent by the next date of hearing."

4.

Today, it is submitted by Ms. Narain, ld. SCC that a personal hearing has already been provided to the Petitioner and the Order-in-Original is yet to be passed.

5.

Considering the above position, since the Petitioner has already been heard, let the adjudicating authority pass the Order-in-Original. It is made clear that considering the nature of the seized goods, the Order-in-Original shall be passed in accordance with the law in respect of duty, fine and penalty. However, in view of the fact that the delay has been caused by the Customs Department, no warehousing charges shall be collected in this matter. 6.

Let the Order-in-Original be served to the Petitioner through its ld. Counsel within one week.

7.

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

PRATHIBA M. SINGH, J.

SHAIL JAIN, J.

SEPTEMBER 10, 2025/sk/msh 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 15/09/2025 at 12:09:54