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Dateofdecision:16'"September,2019 r- , '
NAWEED RAHMAN :' Petitioner
Through; Mr.Chinmaya Sethi,Adv.with Mr. Ekansh Mishra and Mr. A.K.Seth,Adysi
COMMISSIONEROF^TOliiS • v ' -j Respondent
, Through:,, Mr Amit Bahs^al, Sr. Standing ;, Counsel withjv. Mr. Aman " Rewaria.j arid ; Ms. Vipasha ^ . Mishra;,Advs.for R-T
HON'BLE MR.JUSTICE.C.HARISHANK^
^ i ^ I ■ oiAer;' ' I
16.69.2019 D.N.PATEL.CHTFF.nJSTICE(^QRA.lV
JUDGMENT
1. This writpetition has been preferred withj the following prayers: "[i]Issue a writ or order in the nature ofmandamus or any other Writ thereby directing the Respondent to release the seized gold weighing 1500 grams,belonging to the Petitioner,seized on 30.8.2018;and/or [ii]Grantcoststo thePetition infavourofthePetitioner; [Hi]Pass such other orfurther order[s]infavour ofthe Petitioner, which this Hon'ble Court may deem fit and proper. W.P.(C)9992/2019 Page 1 of[3] 2019:DHC:7393-DB m
2. Having heard learned counsel for the petitioner and looking to the facts and circumstances ofthe case,it appearsthatthis petitioner is in search ofrelease ofseized gold which is 1500 grams.The gold was seized on 30"'August,2019(Annexure A-1)by the respondent. It is alleged by the petitioner that no show cause notice has been given under Section 124(a)ofthe Customs Act, 1962 and hence the goods seized oughtto have been released by the respondent:
3. We have also heard theieamed counsel for the respondent who has submitted that show eauSe;.notice has been waived by the respondent and,now orderfn briginat'haslbeen passed, whereby the goods seizedhave been absolutelyconfiscated. Q
4. Moreover, the order pass'ed,by Addl. Commissioner Customs, IGI Airport, New Delhi is an'appealable order. Till today, no such appeal has been preferred"by dhis petitioner despite the period of.r.h-.t.'i V 1-', j, -. approximately ten months have been Japsedj'Learned counsel for the '■"•"'I' petitioner submitted that the Laid order'-in original has not been served uponhim so far.
5. It is also submitted by learned counsel for the petitioner that on March, 2019, a statement was made by the respondent before the Court of Metropolitan Magistrate, Patiala House Courts, New Delhi that the investigation is going on.
6. Be that as it may, the fact remains that now order in originalhas already been passed, as stated hereinabbve, by Addl. Commissioner Customs, IGI Airport, New Delhi. The goods seized have been W.P. (C) 9992/2019 s absolutely confiscated.
7. Hence, no question, whatsoever, arises of release of the gold which is 1500 grams.
8. The order in original No. 471/ADJ/2018 dated 20.11.2018, passed by the respondent, is an appealable order. As and when an appeal is preferred by this petitioner, the same shall be decided in accordance with law.
9. A photocopy of the. above-mentioned order in original is tendered to this'Court by the counsel forthe respondent. The same is taken on record.,.;;
10. Looking to the above-mehtiphed-order in original issued by the Addl. Commissioner Customs,"fGI Aiirport, New Delhi, we see no reason to release the goods,seized by the respondent which is now under absolute confiscation, as per the -order in original dated 20.11.2018 which is notso far challenged by this petitioner.
11. Hence,this petiti6h|i||disih!^sed^ the liberty with the petitioner to challenge the same before the appropriate forum, in accordance with law.
SEPTEMBER 16,2019/dsn C.HA CHIEF JUS IC KAR,J. W.P.(C)9992/2019 Page3of[3]