Nurhidaya Dalina Binti Aziz Vs the Commissioner of Customs

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$~56

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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W.P.(C) 8905/2026 and CM APPL. 41731/2026 NURHIDAYA DALINA BINTI AZIZ .....Petitioner Through: Mr. Rohit Kapur, Adv.

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versus

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THE COMMISSIONER OF CUSTOMS .....Respondent Through: Mr. Harpreet Singh, Senior Standing Counsel with Mr Jatin Kumar Gaur, Adv.

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CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MS. JUSTICE SHAIL JAIN

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O R D E R % 08.07.2026

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The present writ petition has been filed under Article 226 of the Constitution of India, inter alia , challenging the continued seizure of the petitioner's personal gold ornaments, comprising one gold chain and seven gold bangles weighing 502.82 grams, seized by the officers of the respondent at Terminal-3, IGI Airport, New Delhi on 19.11.2022 vide Detention Receipt No. 26814 bearing No. VIII (AP) 10/P&I/3793-B/Arrival/2022, and seeking their release on the ground that no Show Cause Notice under Section 124(a) of the Customs Act, 1962 was issued within the period prescribed under Section 110(2) of the said Act.

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Learned counsel representing the parties submit that the issue arising in the present writ petition are identical to those involved in the case of a co-passenger, wherein this Court, by order dated 03.07.2026, passed the following order:

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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 13/07/2026 at 15:52:00

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1. On 01.07.2026, the following order was

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passed:

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1. Learned counsel representing the Petitioner, inter alia¸ contends that the Department did not issue any Show Cause Notice after detaining 510 grams gold jewellery. Accordingly, the jewellery is required to be released as the maximum period prescribed under Section 110(2) of the Customs Act, 1962 has lapsed.

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2. Issue Notice of Motion.

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3. Learned counsel representing the Respondent accepts Notice on behalf of the Respondent and submits that oral notice shall be deemed to have been given to the Petitioner when the goods were detained. She prays for some time to take complete instructions before assisting the Court.

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4. List for final disposal on 03.07.2026 in the Supplementary List.

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2. Ms. AnushreeNarain, Sr. Standing Counsel, who accepted Notice on the previous date of hearing, has informed the Court that the Show Cause Notice was issued within the prescribed period and the Petitioner had also been called for personal hearing through the Ministry of External Affairs since the Petitioner is a foreign national; however, the Petitioner did not enter appearance.

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3. It is further submitted that the Petitioner may be directed to enter appearance for personal hearing before the competent authority on a date that shall be notified by this Court.

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4. Mr. Rohit Kapur, Advocate, who appears for the Petitioner submits that the Show Cause Notice has not been received. This is a question of fact, which can be decided after the parties are granted opportunity of producing evidence; hence, a disputed question of fact cannot be decided in exercise of Writ jurisdiction. Hence,

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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 13/07/2026 at 15:52:00

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the Petitioner shall be at liberty to avail departmental remedy in accordance with law.

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5. The Petitioner, through her counsel, is granted opportunity of personal hearing. It is notified that the Petitioner may, if so advised, enter appearance before the Joint Commissioner of Custom, IGI Airport, New Delhi on 03.08.2026 at 11:00 A.M. Thereafter, the Joint Commissioner will expeditiously proceed with the matter.

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6. Hence, the present Writ Petition, along with the pending application, is disposed of.

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Learned counsel representing the parties jointly pray that the present writ petition be disposed of in terms of the aforesaid order dated 03.07.2026.

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In view of the above, the present writ petition, along with the pending applications, is disposed of in terms of the order dated 03.07.2026 passed by this Court.

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ANIL KSHETARPAL, J.

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SHAIL JAIN, J.

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JULY 8, 2026/Pt/rm

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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 13/07/2026 at 15:52:00

Nurhidaya Dalina Binti Aziz v. the Commissioner of Customs

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Nurhidaya Dalina Binti Aziz v. the Commissioner of Customs

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