Mujakkeer v. The Commissioner Of Customs & ORS.

$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7838/2025 MUJAKKEER .....Petitioner Through:

Mohd. A. Ansari and Mr. S. Vijay Kanth, Advs.

versus THE COMMISSIONER OF CUSTOMS & ORS. .....Respondents Through:

Ms. Pooja Bhaskar, 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 by the Petitioner- Mr. Mujakkeer under Articles 226 and 227 of the Constitution of India, inter alia, assailing the continuous detention of the three pieces of 10 tola gold bars of the Petitioner, weighing 350 grams (hereinafter, 'the detained goods'), seized by the Customs Department vide Detention Receipt dated 20th April 2023. 3.

On the previous date of hearing, the Customs Department was directed to file a short affidavit in this matter.

4.

A short affidavit has been filed by the Customs Department wherein it is stated that the detained goods were appraised and the appraisement report has stated that the detained goods are three pieces of 10 tola gold bars having purity of 999 weighing 350 grams.

5.

The case of the Petitioner is that he had himself gone to the red channel to declare the goods and had also prayed for preservation of the CCTV footage. 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 12:25:03

6.

Considering the nature of the detained goods, the Court is not inclined to allow release of the same.

7.

Further, since the CCTV footage is not available anymore, let the Petitioner appear before the concerned Adjudicating Authority for personal hearing on 23rd September, 2025. Upon hearing the Petitioner, the Adjudication Authority shall consider the prayer of the Petitioner for re-export of the detained goods.

8.

The Nodal Officer mentioned below shall facilitate the Petitioner's appearance before the competent Authority for compliance with the present order.

Mr. Sandeep Lamba, Superintendent, Customs Office of Commissioner, Customs IGI Airport, T-3, New Delhi Mobile No. 7405345000 Email Id: igilegaldelhi@gmail.com 9.

Since no Show Cause Notice has been issued in this matter, no penalty shall be charged and reasonable redemption fee shall be imposed. 10.

Warehousing charges shall be payable, as applicable on the date of detention.

11.

Petition is disposed of in these terms. All pending applications, if any, are also disposed of.

PRATHIBA M. SINGH, J.

SHAIL JAIN, J.

SEPTEMBER 10, 2025 Rahul/ss 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 12:25:03