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2025 DAILYLAW 12898 (DEL)

FARRUKH IBRONOV v. COMMISSIONER OF CUSTOMS

W.P.(C)/3401/2025 · 2025-03-19

Prathiba M Singh, Rajneesh Kumar Gupta

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~66 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3401/2025 & CM APPL. 16071/2025 FARRUKH IBRONOV .....Petitioner Through: Mr. Ravi Rathore, Ms. Richa Kumari and Mr. Pawan, Advocates. versus COMMISSIONER OF CUSTOMS .....Respondent Through: Mr. Harpreet Singh, SSC. CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE RAJNEESH KUMAR GUPTA O R D E R % 19.03.2025 1. This hearing has been done through hybrid mode. 2. The present petition has been filed by the Petitioner-Farrukh Ibronov under Article 226 of the Constitution of India inter alia seeking issuance of an appropriate writ for release of two gold bracelets weighing 124 grams which have been seized vide detention receipt no. 3950 dated 08th March, 2024 (new detention receipt no. 15407 dated 22nd March, 2024.) 3. The Petitioner arrived at IGI Airport in New Delhi from Russia on 08th March, 2024. The Petitioner is stated to have been wearing the two bracelets, which the officers of the Respondent seized. The said goods were appraised on 22nd March 2024. 4. Mr. Harpreet Singh, ld. Senior Standing Counsel on behalf of the Respondent, on instructions submits that no show cause notice has been issued in this matter and no Order-in-Original has been passed by the 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 24/03/2025 at 14:42:00 Adjudicating Authority. 5. 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. In this case, the one year period itself has elapsed, thus no show cause notice can be issued. The detention in therefore impermissible. 6. In view thereof, the goods are directed to be released without any storage charges within a period of four weeks. 7. Release shall be subject to verification of the Petitioner. 8. The petition is disposed of. Pending applications, if any, are also disposed. PRATHIBA M. SINGH, J RAJNEESH KUMAR GUPTA, J MARCH 19, 2025/MR/ck 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 24/03/2025 at 14:42:00