Nasir v. The Commissioner Of Custom & ORS.

$~63 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 16612/2025 NASIR .....Petitioner Through:

Mohd. Ather Ansari, Md. Mobin Akhtar, Mr. Mohd. Salman, Advs.

versus THE COMMISSIONER OF CUSTOM & ORS.

.....Respondents Through:

Mr. Gibran Naushad, SSC with Mr.

Harsh Singhal and Mr. Suraj Shekhar Singh, Advs.

CORAM:

JUSTICE PRATHIBA M. SINGH JUSTICE SHAIL JAIN

O R D E R

% 18.12.2025 1.

The hearing has been done through hybrid mode. 2.

The present petition has been filed by the Petitioner under Article 226 and 227 of the Constitution of India, inter alia, seeking release of two gold bars weighing of total of 168 grams (hereinafter, 'gold bars') which were detained by the Customs Department vide detention receipt dated 16th October, 2022, that were appraised on 1st November, 2022. 3.

A brief background of the Petitioner's case is that he is an India passport holder working in Saudi Arabia. The Petitioner had travelled back to India on 16th October, 2022, and upon his arrival at the Indira Gandhi International Airport, New Delhi, he was intercepted by concerned officials of the Custom Department and the gold bars were seized. 4.

The Petitioner, Mr. Nasir has joined the Court virtually. Mr. Gibran Naushad, ld. SSC has obtained instructions and submits that no Show Cause 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 24/12/2025 at 13:12:05

Notice (SCN) has been issued in this matter.

5.

Under such circumstances, in terms of the decision in Union of India &Anr. Vs. Jatin Ahuja, Civil Appeal No. 3489/2024, let the goods of the Petitioner be released to the Petitioner subject to payment of applicable Customs Duty and the warehousing charges. If the Respondent wishes to take any action for redemption fine and penalty, it may do so under Section 124 of the Customs Act 1962, in accordance with law. Warehousing charges as on the date of detention shall also be liable to be paid. 6.

The Petitioner shall appear either physically or through authorized representative before the Customs Department on 16th January, 2026 for release of the goods. The following nodal officer shall facilitate the Petitioner in appearing before the Department: Mr. MukeshGulia, Superintendent, Legal Office of Commissioner, Customs IGI Airports, T-3, New Delhi Email id: igilegaldelhi@gmail.com Mobile No.: 9999922479 7.

If the petitioner is not appearing physically, he may appear virtually to confirm the identity of the authorized representative. 8.

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

PRATHIBA M. SINGH, J SHAIL JAIN, J DECEMBER 18, 2025/kp/rm 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 24/12/2025 at 13:12:05