$~70 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2605/2025 FAKRUDDIN .....Petitioner Through: Mr. Mobeen Akhtar, Adv. versus COMMISSIONER OF CUSTOMS & ORS. .....Respondents Through: Mr. Harpreet Singh, SSC with Ms. Suhani Mathur, Mr. Jai Ahuja and Mr. Akshay Saxena, Advocates. CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE RAJNEESH KUMAR GUPTA O R D E R % 27.03.2025 1. This hearing has been done through hybrid mode. 2. The present petition has been filed by the Petitioner under Articles 226 and 227 of the Constitution of India seeking unconditional release of the gold bar which is detained by the Customs Department (hereinafter ‘Department’) vide Detention Receipt No. 51482 dated 25th February, 2022 (hereinafter ‘Detention Receipt’). 3. The case of the Petitioner is that he is an Indian citizen settled in Saudi Arabia for the last many years and was travelling back to India on 25th February, 2022. The resident identity card has been placed on record. 4. A gold bar which he was carrying was detained by the Customs Department vide the above detention receipt. The Petitioner has repeatedly filed applications for release of detained goods. However, the same has not This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/04/2025 at 12:22:49 been released. 5. Ld. Counsel for the Petitioner submits that the Petitioner is willing to give an undertaking that the gold bar would be re-exported, if released to him. 6. Let the Petitioner appear before the concerned Authority for verification of his credentials and the gold bar shall be released to him within a period of four weeks with an undertaking that the same would be re- exported, and any other conditions in accordance with law, as no show cause notice has been issued. 7. 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 compliance, a further extension for a period of six months can be taken by the Department for issuing the show cause notice. In this case, the one year period itself has elapsed, thus no show cause notice can be issued. The detention is therefore impermissible. 8. The Petitioner shall appear before the concerned Authority on 16th April, 2025 at Warehouse, Indira Gandhi International Airport, New Delhi at 02:30 PM. 9. The petition is disposed of. Pending application(s), if any, shall also stand disposed of. PRATHIBA M. SINGH, J. RAJNEESH KUMAR GUPTA, J. MARCH 27, 2025/MR/tp This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/04/2025 at 12:22:49