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HIGH COURT OF DELHI
Date of Decision: 18th August, 2025
ASHILY MUHAMMED SHAMEER .....Petitioner
Through: Ms. Richa Kumari, Mr. Pawan and Ms. Arti Gupta, Advs.
Through: Mr. Vishal Chadha, SSC
JUDGMENT
1. This hearing has been done through hybrid mode.
2. The present petition under Article 226 of the Constitution of India has been filed by the Petitioner inter alia challenging the detention of one gold chain weighing 90 grams and one elongated gold wire bent in ring shape of 10 grams. The same were detained by the Respondent - Customs Department on 13th February, 2024 vide Detention Receipt No.3779 when the Petitioner was travelling from UAE to Delhi.
3. The case of the Petitioner is that no Show Cause Notice (hereinafter ‘SCN’), pursuant to the detention, has been issued to the Petitioner till date. However, in the counter affidavit which has been filed, the Respondent - Customs Department has informed the Court that the hearing notice was issued to the Petitioner. This is vehemently opposed by the ld. Counsel for the Petitioner who submits that the said hearing notice was in fact a knee jerk W.P.(C) 9850/2025 response to filing of the present writ petition.
4. Be that as it may, considering the nature of the gold items and the fact that no photographs have been placed on record to show that the same are old and used jewelleryof the Petitioner, this Court is of the opinion that the present case does not warrant the interference of this Court under writ jurisdiction.
5. At this stage, the ld. Counsel for the Petitioner informs the Court that the Petitioner is willing to re-export the subject matter goods.
6. Considering this position, let the Petitioner appear before the Department for a personal hearing. The nodal officer shall guide the Petitioner to the appropriate adjudicating authority. Mr. Sandeep Lamba, Superintendent, Customs Office of Commissioner, Customs IGI Airport, T-3, New Delhi Mobile No. 7405345000 Email Id: igilegaldelhi@gmail.com The appropriate adjudicating authority shall grant the Petitioner a personal hearing on 12th September, 2025. The Adjudicating Authority shall consider the request of the Petitioner to re-export the gold items and pass an order in accordance with law.
7. The petition is disposed of in these terms. Pending applications, if any, are also disposed of.
PRATHIBA M. SINGH, J. SHAIL JAIN, J. AUGUST 18, 2025/kp/Ar.