Alok Mehra v. Commissioner Of Customs & ORS.
$~42 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 8090/2025 ALOK MEHRA .....Petitioner Through:
Mr. Jatin Singhal and Mr. Jatin Kumar Gaur, Advocates.
versus COMMISSIONER OF CUSTOMS & ORS.
.....Respondents Through:
Mr. Arjun Malik, SSC CBIC.
CORAM:
JUSTICE PRATHIBA M. SINGH JUSTICE RAJNEESH KUMAR GUPTA
O R D E R
% 30.05.2025 1.
This hearing has been done through hybrid mode. CM APPL. 35382/2025 (for exemption) 2.
Allowed, subject to all just exceptions. Application is disposed of. W.P.(C) 8090/2025 3.
The present petition has been filed under Articles 226 and 227 of the Constitution of India seeking appropriate directions to the Customs Department to supply a copy of the Order-in-Original dated 26th May, 2020 passed by the ld. Additional Commissioner of Customs, Export, Air Cargo Complex, New Delhi.
4.
It is the case of the Petitioner that the show cause notice was issued on 4th June, 2018, as to why penalty ought not to be imposed on the Petitioner in respect of fraudulent use of duty Scrips/ Licenses/ Authorisations. The Petitioner was granted personal hearing and on one occasion the Consultant of the Petitioner appeared for personal hearing i.e., on 26th June, 2019. However, thereafter, during COVID etc., the Petitioner followed up last on 12th June, 2020 seeking a fresh personal hearing. Almost five years later, in 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 01/07/2025 at 22:20:36
January of 2025, Petitioner has learnt that an order has been passed, however, it is claimed that the Petitioner does not have a copy of the said order. 5.
Ld. Counsel appearing for the Respondents objects on the ground that the petition is barred by laches and there is no averment in the petition as to how the Petitioner acquired knowledge of the passing of the Order-inOriginal. 6.
Be that as it may, since only a copy of the Order-in-Original is sought, let the same be issued within two weeks on the following email address and mobile number :
Email address : jitin.singhal01@gmail.com Mobile No.
: 9999919168 7.
It is made clear that the issuance of this copy would not create any equities in favour of the Petitioner.
8.
Any issue of limitation in respect of a challenge to the said Order-inOriginal shall be adjudicated by the Appellate Authority on its own merits, if any appeal is filed, and this Court has not made any observation thereof. 9.
The petition is disposed of in above terms. Pending application(s), if any, also stand disposed of.
PRATHIBA M. SINGH, J.
RAJNEESH KUMAR GUPTA, J.
MAY 30, 2025/nd/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 01/07/2025 at 22:20:36