W.P.(C) 6112/2025 $~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6112/2025 SIKANDAR .....Petitioner Through: Mr. Ashish Panday, Adv. versus COMMISSIONER OF CUSTOMS .....Respondent Through: Mr. Harpreet Singh, Senior Standing Counsel for Respondent along with Ms. Suhani Mathur and Mr. Jai Ahuja, Advs. CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE RAJNEESH KUMAR GUPTA O R D E R % 19.05.2025 1. This hearing has been done through hybrid mode. 2. The present petition has been filed by the Petitioner-Sikandar under Article 226 and 227 of the Constitution of India, inter alia, seeking unconditional release of the two gold kadas of the Petitioner detained by the Respondent- Commissioner of Customs vide Detention Receipt bearing No.- DR/INDEL4/12-12-2023/003315 dated 12th December, 2023. The relevant portion of the said detention receipt reads as under: 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 01/07/2025 at 20:36:48 W.P.(C) 6112/2025 3. It is the case of the Petitioner that he had arrived in Delhi on 12th December, 2023 from Saudi Arabia. Upon arrival at Terminal-3, Indira Gandhi International Airport, New Delhi (hereinafter, ‘IGI Airport’), the Petitioner was intercepted by the concerned officials of the Customs Department and the two gold kadas worn by the Petitioner, weighing 58 grams were seized. According to the Petitioner, since then, no Show Cause 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 01/07/2025 at 20:36:48 W.P.(C) 6112/2025 Notice has been issued to the Petitioner. 4. On the last date i.e. 8th May, 2025, ld. Counsel for the Customs Department was to seek instructions. 5. It is submitted by the ld. Counsel for the Respondent that no Show Cause Notice was issued to the Petitioner for the said detention. 6. 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 period of six months extension 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. 7. This Court in W.P.(C) 2760/2025 titled ‘Mohammad Arham v. Commissioner of Customs’ while deciding on squarely similar facts directed as under: “6. 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. 7. Accordingly, let the goods be appraised by the Respondent department on their own and the same be released, subject to verification, within four weeks to the Petitioner. Since the Petitioner has now attained majority, the appraisement shall be done either in the presence of the Petitioner or an Authorized 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 01/07/2025 at 20:36:48 W.P.(C) 6112/2025 Representative.” 8. Accordingly, considering the fact that no Show Cause Notice was issued to the Petitioner and the weight of the gold kadas, the Customs Department is directed to release the said gold kadas of the Petitioner within two weeks. No storage charges shall be collected from the Petitioner. 9. The release of the gold kadas shall be either through the Petitioner or through the Authorised Representative, subject to verification of the credentials. 10. Accordingly, the petition is disposed of. Pending applications, if any, are also disposed of. PRATHIBA M. SINGH, J. RAJNEESH KUMAR GUPTA, J. MAY 19, 2025 v/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 01/07/2025 at 20:36:48