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2026 DAILYLAW 11891 (DEL)

BACHAN KAUR v. COMMISSIONER OF CUSTOMS

W.P.(C)/4886/2026 · 2026-07-13

Anil Kshetarpal, Shail Jain

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~1, 2 & 58 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4095/2026 SURINDER SINGH CHOPRA .....Petitioner Through: Dr. Ashutosh and Ms. Fatima. Advs. versus COMMISSIONER OF CUSTOMS .....Respondent Through: Mr. Shubham Tyagi, SSC, CBIC with Ms. Navruti Ojha, Adv. 2 + W.P.(C) 4285/2026 ISHER SINGH CHOPRA .....Petitioner Through: Dr. Ashutosh and Ms. Fatima. Advs. versus COMMISSIONER OF CUSTOMS .....Respondent Through: Mr. Shubham Tyagi, SSC, CBIC with Ms. Navruti Ojha, Adv. 58 + W.P.(C) 4886/2026 BACHAN KAUR .....Petitioner Through: Dr. Ashutosh and Ms. Fatima. Advs. versus COMMISSIONER OF CUSTOMS .....Respondent Through: Aakarsh Srivastava, SSC with Mr. Ashish Bansal & Mr. Dhananjay Parth, Advs. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MS. JUSTICE SHAIL JAIN 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 15/07/2026 at 12:07:30 O R D E R % 13.07.2026 1. These three connected writ petitions, being W.P.(C) 4095/2026, W.P.(C) 4285/2026 and W.P.(C) 4886/2026, have been filed by members of the same family. All three Petitioners were intercepted after they had crossed the Green Channel. Upon examination, each of the Petitioners was found wearing one unfinished gold wire, shaped as a gold bangle, weighing 100 grams. 2. The Petitioners contend that no Show Cause Notice (hereinafter, 'SCN') has been issued to them within the statutory period. On the other hand, learned counsel appearing for the Respondents submits that an oral SCN, as permissible under Section 124 of the Customs Act, 1962, was duly issued, and the contents thereof have also been explained to learned counsel appearing for the Petitioners. 3. Keeping in view the aforesaid position, this Court is of the opinion that disputed questions of fact arise for consideration, which would require adjudication by the competent authority. Accordingly, the Petitioners are relegated to avail the remedy before the Adjudicating Authority, who shall afford an adequate opportunity of personal hearing to the Petitioners. 4. The Petitioners are permitted to appear before the following officer tomorrow, i.e., on 14.07.2026 at 11:30 a.m.: Mr. Birender Singh Khati Assistant Commissioner of Customs IGI Airport, T-3 New Delhi-110037 5. Thereafter, the Adjudicating Authority shall pass an appropriate 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 15/07/2026 at 12:07:30 order, in accordance with law, within a period of 30 days from the date of the personal hearing. 6. The writ petitions are disposed of in the above terms. Pending applications, if any, shall also stand disposed of. 7. A copy of this order be given dasti to learned counsel for the Respondents under the signatures of the Court Master. ANIL KSHETARPAL, J. SHAIL JAIN, J. JULY 13, 2026/pd/rm 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 15/07/2026 at 12:07:30