Seema Ansari v. Commissioner of Customs

O R D E R %

02.09.2026

¶1Through the present Writ Petition filed under Article 226 of the Constitution of India, the petitioner, inter-alia, prays for directions to the respondent to release gold weighing 184 grams, which was detained from the petitioner on 15.06.2023.

¶2In substance, the petitioner's case is that no notice under Section 124 of the Customs Act, 1962 has been issued within the prescribed period. Hence, the proceedings have lapsed and the detained gold is required to be returned/released.

¶3Per contra, learned counsel representing the respondent while referring to the Counter affidavit filed by him submits that the Show Cause Notice(hereinafter SCN) was issued to the petitioner on

12.12.2023(Annexure R-4). He also refers to the dispatch register to substantiate this position.

¶4Learned counsel representing the petitioner further submits that This is a digitally signed order. in fact the SCN was never dispatched to the petitioner as there is no date in the dispatch register.

¶5It is obvious that disputed questions of fact are involved in the present case as the petitioner claims that no SCN has been issued under Section 124, which is disputed by the respondent.

¶6Hence, the petitioner is relegated to the alternative remedy. Since the matter is pending before the adjudicating authority for more than 3 years, hence, the Petitioner, through his Counsel, is directed to appear before the below mentioned authority on 07.09.2026. at 11:00 AM: Sh. Shankar Prasad Sharma, ADC, Customs, IGI Airport

¶7It is expected that the adjudicating authority will pass the final Order within a period of two months from today, irrespective of the fact whether the petitioner appears and files a reply or not.

¶8With these observations, the present Writ Petition is hereby disposed of.

ANIL KSHETARPAL, J.

SHAIL JAIN, J. SEPTEMBER 02, 2026/PT/HP This is a digitally signed order.

* IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010722862024 + W.P.(C) 14734/2024 SEEMA ANSARI .....Petitioner Through: Counsel(Appearance not given) versus COMMISSIONER OF CUSTOMS .....Respondent Through: Mr. Avijit Dikshit, Standing Counsel with Ms. Monika Verma, Adv. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MS. JUSTICE SHAIL JAIN (THROUGH VC)