Sanjay Pahwa v. Commissioner of Customs & Anr.
Case brief
What is this about?
Gold Kada green channel detention; detention receipt no. 004813 dated 12.07.2024; order-in-original 11.11.2024 - confiscation and Rs. 1,00,000/- penalty; intention to smuggle; Section 128 Customs Act 1962 appeal pending more than one year; expedite hearing request refused; exorbitant warehouse charges; maintainability objection (appeal already pending); mens rea / not a regular traveller, no similar history; petitioner to appear before Tribunal 23.02.2026; Tribunal to decide appeal by 31.03.2026; CM APPL. 8230/2026 exemption allowed; Delhi High Court; Justice Nitin Wasudeo Sambre; Justice Ajay Digpaul; W.P.(C) 1701/2026; disposed 06.02.2026.
What did the court decide?
Exemption allowed in CM APPL. 8230/2026 (subject to all just exceptions); petitioner directed to appear before the Tribunal on 23 February 2026; Tribunal requested to decide the petitioner's Section 128 Customs Act, 1962 appeal in any case by 31 March 2026; petition and pending applications disposed of.