W.P.(C) 11141/2025 $~64 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 11141/2025 FOTIMA NARKHALIKOVA THRUOGH SPA PRADEEP KUMAR .....Petitioner Through: Mohammed Ather, Adv. (7011359907) versus THE COMMISSIONER OF CUSTOMS & ORS. .....Respondents Through: Ms. Anushree Narain, SSC & Mr. Naman Choula, Adv. (9625077466) CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE SHAIL JAIN O R D E R % 30.07.2025 1. This hearing has been done through hybrid mode. 2. The present petition has been filed by the Petitioner- Fotima Narkhalikova through her Special Power of Attorney (hereinafter, ‘SPA’), Mr. Pradeep Kumar under Articles 226 and 227 of the Constitution of India, inter alia, seeking release of the following gold items: ● 8 pairs of gold earrings; ● 3 gold bracelets; ● 5 gold necklaces; ● 4 gold chains with pendants; ● 30 gold rings (three studded with stones) The said gold items have been seized by the Customs Department vide detention receipt bearing no. 003773 dated 13th February, 2024. 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 02/08/2025 at 13:25:39 W.P.(C) 11141/2025 3. The case of the Petitioner is that she is an Uzbekistan national and was travelling to New Delhi on 13th February, 2024. Upon arrival at the Indira Gandhi International Airport, New Delhi, the Petitioner was intercepted by the concerned officials of the Customs Department and the above-mentioned gold items were detained. 4. After the said detention, the case of the Petitioner is that no Show Cause Notice has been issued to the Petitioner till date. 5. Ms. Anushree Narain, ld. SSC for the Respondents submits that the SPA which has been filed with the present petition does not appear to be genuine as the signatures on the same do not match. Moreover, it is notarized in Delhi, and it is unclear if the Petitioner was present in Delhi or not. Further, the affidavit which has been filed with the present petition of the so-called Authorised Representative of the Petitioner is based on the said SPA. It is also argued by the ld. SCC that all these gold items cannot be personal effects of the Petitioner. 6. The Court has considered the matter. A perusal of the detention receipt and the quantum of items would show that these prima facie, cannot be treated as personal effects. 7. At this stage, ld. Counsel for the Petitioner submits that all these gold items are 12 carat gold items. 8. In the overall facts of this case, this Court is of the opinion that the Petitioner ought to participate, even if virtually, in a hearing before the Customs Department and the Department shall after hearing the Petitioner and considering any written submissions which may be filed by the Petitioner, pass an order in accordance with law. 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 02/08/2025 at 13:25:39 W.P.(C) 11141/2025 9. Let the matter be taken up for hearing by the Assistant Commissioner of Customs, Warehouse Section, IGI Airport, Terminal-3, New Delhi, on 18th August 2025 at 11:30 am. 10. The Authorised Representative of the Petitioner is also permitted to appear before the Customs Department. However, the Petitioner shall join the proceedings virtually. 11. All rights and contentions of the Petitioner are left open. 12. The writ petition is disposed of in the aforesaid terms. Pending applications, if any, are also disposed of. PRATHIBA M. SINGH, J. SHAIL JAIN, J. JULY 30, 2025 kk/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 02/08/2025 at 13:25:39