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High Court of DelhiW.P.(C)/10073/2025

Mohammad Shahid v. The Commissioner Of Customs & ORS.

2025-07-17Hon'Ble Ms. Justice Prathiba M. Singh,Hon'Ble Mr. Justice Rajneesh Kumar Gupta2 pages

$~72 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 10073/2025 MOHAMMAD SHAHID .....Petitioner Through:

Mr. M. A. Ansari, Adv.

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

Ms. Anushree Narain, SSC

CORAM:

JUSTICE PRATHIBA M. SINGH JUSTICE RAJNEESH KUMAR GUPTA

O R D E R

% 17.07.2025 1.

This hearing has been done through hybrid mode. 2.

The present petition has been filed by the Petitioner under Articles 226 and 227 of the Constitution of India, inter alia, seeking release of the two gold bangles, weighing 38 grams, and seven silver coated gold coins, weighing 78 grams, (hereinafter, 'goods') seized by the Customs Department vide detention receipt bearing no. DR/INDEL4/22-06-2024/004675 dated 22nd June 2024.

3.

The case of the Petitioner is that he arrived at the IGI Airport, New Delhi from Saudi Arabia on 29th March, 2022. Upon arrival, the Petitioner was intercepted by the concerned officials of the Customs Department and the said goods were detained from the Petitioner. 4.

According to the Petitioner, no Show Cause Notice (hereinafter, 'SCN') has been issued in this matter. However, considering the nature of the goods which have been seized, they clearly do not constitute personal effect of the Petitioner under the Baggage Rules, 2016. Moreover, there is also an attempt 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 22/07/2025 at 12:29:10

to conceal the gold coins as silver coins.

5.

In view thereof, let the Petitioner appear for appraisal before the Customs Department and seek release of goods upon payment of applicable custom duties.

6.

All warehousing charges as applicable on the date of detention shall also be paid by the Petitioner in this matter. 7.

The Petitioner shall appear before the Customs Department on 31st July, 2025. After hearing the Petitioner, an order imposing customs duties shall be passed in accordance with law.

8.

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

PRATHIBA M. SINGH, J.

RAJNEESH KUMAR GUPTA, J.

JULY 17, 2025 kk/ck 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 22/07/2025 at 12:29:10