Shabad v. Commissioner Of Customs

$~47 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7880/2025 SHABAD .....Petitioner Through:

Ms. Richa Kumari, Mr. Pawan, Mr.

Prashant Chaudhary & Mr. Prashant Solanki, Advs.

versus COMMISSIONER OF CUSTOMS .....Respondent Through:

None.

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 one iPhone 15 Pro Max (256 GB) of the Petitioner, seized by the Customs Department vide Detention Receipt dated 22nd August 2024. 3.

The brief facts of the case are that the Petitioner is an Indian passport holder who had travelled from Dubai to India on 22nd August, 2024. Upon his arrival at the Indira Gandhi International Airport, New Delhi he was intercepted by the Customs Department and the iPhone of the Petitioner was seized. 4.

The Petitioner is aggrieved by the fact that no Show Cause Notice has been issued to the Petitioner till date. It is submitted that the iPhone was purchased by the Petitioner for his own use and the same would constitute his personal effects.

5.

None appears for the Customs Department.

6.

It is settled law that once the goods are detained, it is mandatory to issue a Show Cause Notice and afford a hearing to the Petitioner. The time prescribed 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 12:25:04

under Section 110 of the Customs Act, 1962, is a period of six months and subject to complying with the formalities, a further extension for a period of six months can be taken by the Customs 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 at this stage. The detention is therefore impermissible. 7.

Considering that the only detained product is an iPhone 15 Pro Max and no Show Cause Notice has been issued till date, it is directed that the same shall be released unconditionally as the same would be a personal effect of the Petitioner. No warehousing charges shall also be liable to be paid. 8.

The Petitioner shall appear before the Customs Department for release of the seized item on 22nd September, 2025. The Nodal Officer mentioned below shall facilitate the Petitioner's appearance before the competent authority for compliance with the present order: Officer: Mr. Sandeep Lamba, Superintendent, Customs Address: Office of Commissioner, Customs IGI Airports, T-3, New Delhi Mobil No.: 7405345000 Email id: igilegaldelhi@gmail.com 9.

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/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 12:25:04