$~68 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3500/2025 NITISH MALHOTRA .....Petitioner Through: Mr. Ritaj Kacker and Ms. Divya Rastogi, Advocates. versus THE UNION OF INDIA & ORS. .....Respondents Through: Ms. Nidhi Banga, Sr. Panel Counsel with Mr. Nishant Kumar, Advocates for R-1/UOI. 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 Article 226 of the Constitution of India who was travelling from Delhi to Bangkok and thereafter, came back to Delhi via Thai Airways bearing No. TG 315, seeking release of his silver coated yellow metal (one chain and one kada), weighing about 248 grams, which was detained on 04th March, 2024 vide Detention Receipt bearing No. DR/INDEL4/04-03-2024/003932. 3. The case of the Petitioner is that no show cause notice has been issued till date, with respect to the seizure of his articles. A representation was also sent on behalf of the Petitioner on 18th September, 2024 for release of the articles. However, no response was received by the Petitioner. 4. Ms. Narain, ld. Senior Standing Counsel for the Respondent has taken instructions and submits that no show cause notice has been issued. Since 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 02/04/2025 at 12:21:18 articles were silver coated, the goods were detained. 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 is therefore impermissible and is set aside. 6. The items which have been detained shall be released to the Petitioner within a period of four weeks, after verifying the credentials of the Petitioner. No storage charges shall be payable in this case. 7. The petition is disposed of. Pending applications, 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 12:21:18