The Delhi High Court has directed the customs dept. to release silver coated gold chains weighing 255.74 grams of Iranian National and has also waived the Warehouse Charges.
The bench of Justice Prathiba M. Singh and Justice Rajneesh Kumar Gupta have observed that the prescribed period of six months for issuance of a Show Cause Notice has already elapsed. No personal hearing was also granted to the Petitioner and as directed in the above order in the previous writ petition, no order-in-original has been served upon the Petitioner till date.
The bench noted that the Customs department had an obligation to ensure that the order-in-original is served or intimated to the Petitioner.
The Petitioner/assessee is the Iranian national seeking release of the goods which were detained on 7th May, 2022 vide Detention receipt by the Customs Authorities. The Petitioner was travelling from Iran to New Delhi by flight and was intercepted at the IGI Airport, New Delhi. The Silver coated metal chains of Gold weighing 255.74 grams were seized.
After the detention, the Petitioner is stated to have made a visit to the Customs Office at the IGI Airport seeking appraisement. The appraisement was also done.
However, it is alleged that an Order-in-Original is claimed to have been passed against the Petitioner without issuing a Show Cause Notice to him. As per the Petitioner, neither was the Order in Original served upon him.
The court noted that the Customs Department was directed to forward a copy of the Order-in-Original that may have been passed in respect of the detained goods. However, till date, no order has been served upon the Petitioner.
The court held that it is a fit case for directing the release of goods. The detention is, accordingly, quashed. The goods shall be released to the Petitioner. Warehouse charges shall be waived.
Case Details
Case Title: Amirhossein Alizadeh Versus Customs Commissioner
Case No.: W.P.(C) 3002/2025
Date: 10/03/2025
Counsel For Petitioner: Mohammed Ather Ansari
Counsel For Respondent: Harpreet Singh
