Vijaykumar Hasmukhlal Bhagat v. Commissioner of Customs

O R D E R %

18.11.2025

¶1This hearing has been done through hybrid mode.

¶2The present petition has been filed by the Petitioner under Article 226 of the Constitution of India, inter alia, seeking release of one gold kadaof the Petitioner, weighing 200 grams seized by the Customs Department vide detention receipt bearing no. DR/INDEL4/28.04.2024/004290 dated 28th April, 2024.

¶3The grievance of the Petitioner in the present writ petition is that the Petitioner's appeal challenging the Order-in-Original dated 09th July, 2024 (hereinafter, 'impugned order') passed by the Office of the Commissioner of Customs, IGI Airport, Terminal-3, New Delhi has not yet been decided despite the same having been filed on 20th September, 2024.

¶4The prayer in the present petition is for early hearing of the appeal assailing the impugned order and for quashing the detention of the gold kada.

¶5Ld. Counsel for the Petitioner submits that no Show Cause Notice (hereinafter, 'SCN') has been issued to the Petitioner. According to the Petitioner he appeared on his own before the Customs Department and the This is a digitally signed order. impugned order was passed.

¶6Thereafter, the impugned order was passed wherein absolute confiscation of the gold kada was directed. The appeal having been filed by the Petitioner way back in 2024, even the preliminary hearing has not taken place.

¶7Ld. Counsel for the Respondent submits that the appeal filed by the Petitioner is under defects as no pre-deposit has been paid.

¶8Accordingly, let the technical formalities for clearing the appeal be complied with by the Petitioner within one month. For the said purpose, the Petitioner shall appear before the Customs Department on 15th December, 2025.

¶9The Petitioner shall be given a hearing thereafter, and the appeal shall be decided within three months in accordance with law.

¶10The Nodal Officer mentioned below shall facilitate the Petitioner's appearance before the competent authority for compliance with the present order: Mr. Mukesh Gulia, Superintendent, Legal Office of Commissioner, Customs IGI Airports, T-3, New Delhi Email id: igilegaldelhi@gmail.com

¶11All rights and remedies as also contentions of the parties are left open.

¶12The petition is disposed of. Pending applications, if any, are also disposed of.

PRATHIBA M. SINGH, J.

SHAIL JAIN, J. NOVEMBER 18, 2025/pt/ck This is a digitally signed order.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 17493/2025 VIJAYKUMAR HASMUKHLAL BHAGAT .....Petitioner Through: Ms. Counsel(Appearance not given) Versus COMMISSIONER OF CUSTOMS .....Respondent Through: Ms. Monika Benjamin, SSC CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE SHAIL JAIN