PARMINDER SINGH CHAUHAN THROUGH SPA v. COMMISSIONER OF CUSTOMS
W.P.(C)/9146/2026 · 2026-07-27
Anil Kshetarpal, Shail Jain
Writ Petition (Civil)body2026
DailyLaw.ai
[ 2026 DAILYLAW 13753 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 13753 (DEL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
$~76 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9146/2026 PARMINDER SINGH CHAUHAN THROUGH SPA .....Petitioner Through: Mr. S. Vijay Kanth, Mr. Utkarsh Tripathi and Mr. Nitish Mishra, Advs. versus COMMISSIONER OF CUSTOMS .....Respondent Through: Mr. Shubham Tyagi, SSC along with Ms. Navruti Ojha and Mr. Rajat Shekhar, Advs.
CORAM:
HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MS. JUSTICE SHAIL JAIN O R D E R % 27.07.2026
1. By way of the present Petition, the Petitioner inter alia prays for the following reliefs:
“(a) Issuance of the appropriate writ in the nature of certiorari or any other appropriate writ directing the respondents to release the detained gold kada of the petitioner; (b) Quash appraisement/valuation/personal hearing letter dated 14.05.2026; (c) Direct that the storage charges levied by the Central Warehousing Corporation would be paid by the Respondent office or said charges may be waived, as the prolonged detention of the Petitioner's jewellery is solely attributable to the Respondent's inaction and failure to comply with the mandatory provisions of law; and”
2.
Learned counsel representing the Respondent has produced a copy of the order passed on 23.07.2026 ordering absolute confiscation of gold kada having purity 995 weighing 286 grams along with penalty of Rs.2,00,817/-. 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 30/07/2026 at 15:13:23
3. The Petitioner has a remedy of filing Appeal against the order passed by the Additional Commissioner on 23.07.2026, however,
learned counsel representing the Petitioner submits that the Petitioner has not been given any Show Cause Notice (‘SCN’). It be noted here that in paragraph No.8 of the Order, it has been recorded that the Petitioner vide letters dated 10.02.2023 and 26.06.2023 requested for personal hearing and thereafter, on 25.08.2025, the Petitioner was issued Notice while granting opportunity of personal hearing on three (03) dates. However, the Petitioner did not appear.
4. Thereafter, on 14.06.2026 the Petitioner was granted another three (03) opportunities of personal hearing. Thereafter, the authorized representative of the Petitioner submitted letter dated 26.06.2026 while explaining that the impugned goods were his personal gold jewellery. Whether the Petitioner received the Notices and whether he was given sufficient opportunity are questions of fact which can appropriately be examined and decided by the Appellate Authority.
5. Since the statutory period for preferring an Appeal against the
order dated 23.07.2026 has not expired, this Court considers it appropriate to relegate the Petitioner to the remedy of Appeal. It shall be open to the Petitioner to raise all his contentions before the Appellate Authority.
6. With these observations, the present Petition is disposed of.
ANIL KSHETARPAL, J.
SHAIL JAIN, J.
JULY 27, 2026 s.godara/ad 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 30/07/2026 at 15:13:23