Pulkit Nanda v. Commissioner Of Customs & ANR.

$~53 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 13981/2025 PULKIT NANDA .....Petitioner Through:

Petitioner in person.

versus COMMISSIONER OF CUSTOMS & ANR.

.....Respondents Through:

Ms. Anushree Narain, SSC with Mr.

Naman Choula, Adv. for R-1.

Ms Archana Gaur CGSC with Ms Ridhima Gaur and Ms Ring Baliyan, Advs. for R-2. (M: 7065333871)

CORAM:

JUSTICE PRATHIBA M. SINGH JUSTICE SHAIL JAIN

O R D E R

% 12.09.2025 1.

This hearing has been done through hybrid mode. 2.

The present petition has been filed by the Petitioner - Pulkit Nanda, under Articles 226 and 227 of the Constitution of India, inter alia, seeking release of his gold chain which was seized by the Customs Department on 28th April 2025.

3.

A brief background of the Petitioner's case is that on 28th April 2025, the Petitioner returned from Bangkok to India. Upon his arrival at the Terminal3, Indira Gandhi International Airport, New Delhi he was intercepted by the Customs Department and Petitioner's gold chain weighing approximately 403 grams was seized by the Customs Department vide detention receipt dated 28th April 2025, bearing DR No. 40002.

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

4.

On the last date of hearing i.e., 11th September 2025, Ms. Narain, ld. SSC on behalf of the Customs Department submitted that summons had been issued by the Customs Department to the Petitioner, as also his father-in-law. Further, this Court, inter alia, directed the Customs Department to produce the detained gold chain before this Court.

5.

Today, the gold chain has been produced before this Court in a sealed box. The seal has been opened in the Court itself. After perusing the same, this Court is of the opinion that the Customs Department shall continue with its investigation and issue the Show Cause Notice (hereinafter 'SCN') in accordance with law.

6.

It is stated by the Petitioner that, since the father-in-law of the Petitioner is stated to be medically unfit, his statement, if required, can be recorded through video conferencing.

7.

Considering the above, let the statement of the Petitioner, when the Petitioner is called upon by the Customs Department, be duly video recorded. Additionally, if required, the statement of the Petitioner's father-in-law be recorded through video conferencing.

8.

After recording the statement of the Petitioner, and his father-in-law if required, the Customs Department shall issue a SCN within the time stipulated under Section 110 of the Customs Act, 1962, and continue with the investigation. Thereafter, personal hearing shall be afforded to the Petitioner, and the opportunity to file a reply shall also be given to the Petitioner. 9.

After considering the stand of the Petitioner in the reply and oral submissions, the Adjudicating Authority shall pass a reasoned order. 10.

The gold chain has been sealed in front of the Petitioner and has been returned to the Customs Department. The box containing the gold chain has The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

been re-sealed in the Court and countersigned by the Court Master. 11.

All rights and remedies are left open.

12.

The petition is disposed of in the above terms. Pending Applications, if any, is also disposed of.

PRATHIBA M. SINGH, J.

SHAIL JAIN, J.

SEPTEMBER 12, 2025/dk/sm The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.