2025(03)LCX0395

Delhi High Court

Satendra Yadava

Versus

Commissioner Of Customs

W.P.(C) 3568/2025 decided on 21-03-2025

IN THE HIGH COURT OF DELHI AT NE

IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of Decision: 21st March, 2025

W.P.(C) 3568/2025 & CM APPL. 16672/2025

SATENDRA YADAVA                                 .....Petitioner
            Through:     Mr. S.Vijay Kanth & Mr. Utkarsh
                              Tripathi, Advs.

versus

THE COMMISSIONER OF CUSTOMS     .....Respondent
            Through:     Mr. Harpreet Singh, Senior Standing
                            Counsel along with Ms. Suhani
                            Mathur, Mr. Jai Ahuja & Mr. Akshay
                            Saxena, Advs. (Mob: 9971564044)

CORAM:
JUSTICE PRATHIBA M. SINGH
JUSTICE RAJNEESH KUMAR GUPTA

PRATHIBA M. SINGH, J. (ORAL)

1. This hearing has been done through hybrid mode.

2. The present petition has been filed seeking release of the two detained gold items i.e., one gold chain weighing 46 grams and one gold ring weighing 30 grams, on the ground that the same are personal jewellery of the Petitioner.

3. The case of the Petitioner is that he was travelling from Bangkok to Delhi on 15th March, 2024. Upon reaching Terminal 3, IGI Airport, the Customs officials intercepted him and seized the two gold items vide detention receipt No.3990.

4. It is further the case of the Petitioner that no Show Cause Notice has been issued till date in terms of Section 110 of the Custom Act, 1962.

5. On behalf of the Respondent the stand is that no SCN has been issued by the Department, after the detention.

6. Heard. Once the goods are detained, it is mandatory to issue a show cause notice and afford a hearing to the Petitioner. The time prescribed under Section 110 of The Customs Act, 1962, is a period of six months and subject to complying with the formalities, a further extension for a period of six months can be taken by the Department for issuing the show cause notice.

7. Since the outer period of one year has also elapsed in the present case, the goods of the Petitioner deserve to be released. Moreover, they were personal jewellery of the Petitioner which could not have been detained in the first place.

8. Accordingly, let both the gold items be released to the Petitioner without payment of any storage charges within four weeks.

9. The petition is, accordingly, disposed of. All pending applications, if any, are also disposed of.

PRATHIBA M. SINGH
JUDGE            

RAJNEESH KUMAR GUPTA
JUDGE