Anvar Aliev v. Commissioner Of Customs

$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ANVAR ALIEV .....Petitioner Through:

Ms. Richa Kumari, Mr. Pawan, Mr.

Prashant Chaudhary & Mr. Prashant Sholanki, Advs.

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

Mr. Arun Khatri, SSC with Ms.

Anoushka Bhalla, 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- AnvarAliev under Article 226 of the Constitution of India, inter alia, seeking release of two gold bracelets, weighing 313 grams (hereinafter, 'goods'), belonging to the Petitioner, seized by the Customs Department vide detention receipt dated 23rd November, 2024.

3.

The case of the Petitioner is that he is a citizen of the Russian Federation and was travelling to New Delhi on 23rd November, 2024. Upon arrival at the Indira Gandhi International Airport, New Delhi, the Petitioner was intercepted by the concerned officials of the Customs Department and the goods of the Petitioner were seized.

4.

The submission of ld. Counsel for the Petitioner is that the six months period for issuing of the Show Cause Notice (hereinafter, 'SCN') under The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Section 110 of the Customs Act, 1962 has already lapsed and no SCN has been issued by the Customs Department. Hence, the goods are liable to be released in favour of the Petitioner. Ld. Counsel for Petitioner also submits that the original detention receipt has not been issued to the Petitioner. 5.

Mr. Khatri, ld. Counsel for the Respondent submits that a personal hearing notice has been issued to the Petitioner on 21st July, 2025, though no SCN has been issued.

6.

Considering the fact that a personal hearing has been fixed and keeping in mind the quantity of gold in this matter, let the Petitioner appear for a personal hearing before the Adjudicating Authority. Upon appearing for the personal hearing, the Petitioner may make the request for re-export of the goods.

7.

Ld. Counsel for the Petitioner prays that the warehousing charges may be waived of in this matter. The said prayer shall also be made before the Adjudicating Authority.

8.

Let the Petitioner appear before the Customs Department on 24th September, 2025 at 11:00 AM in person or through an Authorised Representative, in which case, a proper email from the Petitioner or some form of communication to be sent to the Customs Department that the Petitioner has authorised the concerned Authorised Representative to appear on behalf of the Petitioner.

9.

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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

IGI Airports, T-3, New Delhi Mobil No.7405345000 Email id: igilegaldelhi@gmail.com 10.

The petition is disposed of in these terms. Pending applications, if any, are disposed of.

PRATHIBA M. SINGH, J.

SHAIL JAIN, J.

SEPTEMBER 10, 2025/pd/ss The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.