Disposed¶7

Mohammad Shahvez v. the Commissioner of Customs & Ors.

Delhi HC19 May 2025W.P.(C)/6061/2025

Case brief

AI extract

What is this about?

Keywords: release of seized gold bars; Customs Department seizure at IGI Airport; Detention Receipt No. 3317 dated 19.11.2023; two gold bars 175 grams; engraving on gold; Order-in-Original 31.01.2024 non-service; appeal under Section 128 Customs Act 1962 to Commissioner (Appeals); limitation relief till 15.07.2025; Articles 226 and 227 Constitution of India; W.P.(C) 6061/2025; petition disposed.

What did the court decide?

Permission to the Petitioner to file an appeal under Section 128 of the Customs Act, 1962 to the Commissioner (Appeals) by 15th July, 2025; if filed by that date, the appeal is to be considered on merits and not dismissed on the ground of limitation. Direct release of the gold bars was not ordered; the petition and pending applications, if any, were disposed of. ¶7

Mohammad Shahvez Vs the Commissioner of Customs & Ors. — Customs and Excise | Delhi HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the two gold bars, weighing 175 grams in total, seized by the Customs Department from the Petitioner vide Detention Receipt No. 3317 dated 19th November 2023 should be released to him. +1 more

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Ratio / Principle

The Court permitted the Petitioner to file an appeal under Section 128 of the Customs Act, 1962 to the Commissioner (Appeals) by 15th July, 2025, and held that if the appeal is filed by that date it shall be considered on merits and shall not be dismissed on the ground of limitation.

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Key takeaways

The Court proceeded on its observation that the Order-in-Original appears to have not been served upon the Petitioner, accepted the copy tendered in Court on record, and grounded the appeal permission (with limitation relief) on that non-service.ratio¶6

Detailed headnote1 paragraphs

W.P.(C) 6061/2025 (High Court of Delhi; Prathiba M. Singh & Rajneesh Kumar Gupta, JJ.; order dated 19.05.2025): Petitioner Mohammad Shahvez, who arrived at IGI Airport, New Delhi from Saudi Arabia on 19.11.2023, had two gold bars weighing 175 grams in total seized by the Customs Department vide Detention Receipt No. 3317 dated 19.11.2023, and sought their release under Articles 226 and 227 of the Constitution of India. Respondents (through ld. Sr. Standing Counsel Ms. Anushree Narain) submitted that an Order-in-Original was passed in the matter on 31.01.2024; its copy, admittedly unserved on the Petitioner, was tendered in Court and taken on record. Considering the apparent non-service of the Order-in-Original, the Court permitted the Petitioner to file an appeal under Section 128 of the Customs Act, 1962 to the Commissioner (Appeals) by 15.07.2025, with the direction that an appeal so filed shall be considered on merits and shall not be dismissed on the ground of limitation. The petition and pending applications, if any, were disposed of.

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$~76

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 6061/2025

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MOHAMMAD SHAHVEZ .....Petitioner Through: Mohd. Ather Ansari and Mr. S. Vijay Kant, Advocates.

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versus

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THE COMMISSIONER OF CUSTOMS & ORS. .....Respondents Through: Ms. Anushree Narain, SSC with Mr.Ankit Kumar, Advocate.

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CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE RAJNEESH KUMAR GUPTA O R D E R % 19.05.2025

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This hearing has been done through hybrid mode.

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The present petition has been filed by the Petitioner- Mohammad Shahvez under Article 226 and 227 of the Constitution of India, inter alia , seeking release of the two gold bars, weighing 175 grams in total, seized by the Customs Department vide Detention Receipt No. 3317 dated 19th November 2023 (hereinafter, ‘ detention receipt ’).

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The case of the Petitioner is that he arrived at the Indira Gandhi International Airport, New Delhi (hereinafter, ‘ IGI Airport ’) from Saudi Arabia on 19th November 2023. Upon arrival at the IGI Airport, he was intercepted by the concerned officials of the Customs Department and the gold bars were seized from the Petitioner vide issuing a detention receipt.

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According to Ms. Anushree Narain, ld. Sr. Standing Counsel for Respondent, the gold bars had engraving and the Petitioner had also made a

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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 20:37:56

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statement that he was carrying it for someone else. Ms. Narain further submits that the Order-in-Original has been passed in this matter on 31^st January, 2024.

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The Petitioner, however, submits that he has not received a copy of the same. The copy of the same is tendered today to the Petitioner and to the Court. The same is taken on record.

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Considering that the Order-in-Original appears to have not been served upon the Petitioner, the Petitioner is permitted to file an appeal under Section 128 of the Customs Act, 1962 to the Commissioner (Appeals) by 15^th July, 2025. If the same is filed by 15^th July, 2025, it shall be considered on merits and not be dismissed on the ground of limitation.

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

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PRATHIBA M. SINGH, J.

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RAJNEESH KUMAR GUPTA, J.

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MAY 19, 2025 v/ck

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This is a digitally signed order.

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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 20:37:56

Mohammad Shahvez v. the Commissioner of Customs & Ors.

Case brief

What is this about?

What did the court decide?

Mohammad Shahvez v. the Commissioner of Customs & Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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