Begench Nyyazdurdyyev v. The Chief Commissioner Of Customs, & ORS.

$~42 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 11212/2018 BEGENCH NYYAZDURDYYEV ..... Petitioner Through:

Mr. Manranjan Kumar, Advocate.

versus THE CHIEF COMMISSIONER OF CUSTOMS & ORS.

..... Respondents Through:

Ms. Saroj Bidawat, Advocate for R-1.

Mr. Amit Bansal and Mr. Rishab Gulati, Advocates for R-2 to 5.

CORAM:

HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE A. K. CHAWLA

O R D E R

% 16.10.2018 CM APPL. 43550-43551/2018 (for exemption) Allowed, subject to all just exceptions.

W.P.(C) 11212/2018 The petitioner alleges that on 07.07.2018 when he entered India, the four gold belt buckles weighing 418.72 grams were seized and detained. He claimed that the gold was needed for re-export. According to him the Customs Authorities adjudicated on the issue and passed order on 09.07.2018. It is submitted that the gold offered for re-export does not conform to the description to what was seized. Issue notice. Ms. Saroj Bidawat, Advocate for respondent No.1 and Mr. Amit Bansal, Advocate for respondent No.2 to 5 accept notice.

After hearing learned counsel for the parties, we are of the opinion that a copy of the order of the Joint Commissioner (Order No.175 of 2018-19), which is the subject matter of the proceedings, shall be provided to the petitioner through counsel within a week from today. All rights to approach the appellate authority are reserved. In case there is a delay in approaching the Commissioner on account of non-availability of the order till date, such delay would be condoned and the appeal shall be disposed of on merit after dealing with all grounds urged.

The writ petition is disposed of in the above terms. The rights and contentions of the parties are reserved.

A copy of the order be given dasti under the signatures of the Court Master.

S. RAVINDRA BHAT, J A. K. CHAWLA, J OCTOBER 16, 2018 nn