Research › Search › Judgment

High Court of Delhi · body

2025 DAILYLAW 15057 (DEL)

ASHWANI RASTOGI v. COMMISSIONER OF CUSTOMS

W.P.(C)/4426/2025 · 2025-04-07

Prathiba M Singh, Rajneesh Kumar Gupta

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~69 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4426/2025 ASHWANI RASTOGI .....Petitioner Through: Mr. Ashish Pandey and Mr. Ajay Singh, Advocates. versus COMMISSIONER OF CUSTOMS .....Respondent Through: Ms. Anushree Narain, SSC. CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE RAJNEESH KUMAR GUPTA O R D E R % 07.04.2025 1. This hearing has been done through hybrid mode. 2. The present petition has been filed by the Petitioner-Ashwani Rastogi under Article 226 of the Constitution of India seeking the release of one silver finished gold kada weighing 175 grams, which was detained on 31st December, 2023 vide Detention Receipt bearing No- 3428 dated 31st December, 2023. 3. It is submitted that the Petitioner was travelling from Dubai to India by Flight No. AI-916 and had landed at Terminal-3, Indira Gandhi International Airport (‘IGI’), New Delhi on 31st December, 2023. The Petitioner is stated to be a resident of the United Arab Emirates (hereinafter ‘UAE’) and holds an Indian Passport bearing Passport No. N4706108. It is the case of the Petitioner that the detained jewellery was his personal effects. He has attached a photo of him wearing the kada along with the present writ petition. 4. According to the Petitioner, no Show Cause Notice has been issued pursuant to the impugned Detention Receipt till date and therefore 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 15/04/2025 at 16:00:05 detained jewellery is liable to be released in terms of Section 110(2) of the Customs Act, 1962. The Petitioner also submits that he is willing to re-export the said kada, if released. 5. Ld. Counsel for the Respondent/Department submits that even the Petitioner has not come forward for appraisement of value of the detained jewellery. 6. Considering the circumstances, including the fact the Petitioner is a UAE resident and is willing to re-export the detained jewellery, let the Petitioner appear before the Respondent/Department on 30th April, 2025 either in person or through an Authorised Representative for appraisement and let the Respondent/Department pass appropriate orders in accordance with law within one month. 7. The petition is disposed of in the above terms. Pending applications, if any, are also disposed of. PRATHIBA M. SINGH, J RAJNEESH KUMAR GUPTA, J APRIL 7, 2025 v/Ar. 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 15/04/2025 at 16:00:05