Mohamed Shamiuddeen Vs Commissioner Of Customs & Ors. (Delhi High Court)
Delhi High Court has ordered the release of a Rolex wrist watch detained by the Customs Department at Indira Gandhi International (IGI) Airport, New Delhi. The petitioner, Mohamed Shamiuddeen, a permanent resident of Hong Kong and an Indian passport holder, had his watch seized upon arrival from Hong Kong on October 16, 2023.
The court criticized the Customs Department for relying on a standard form undertaking signed by the petitioner, in which he waived his right to a show cause notice and personal hearing. The court emphasized that such waivers, particularly in pre-printed forms, do not constitute a conscious and informed waiver as required by law.
Justice Subramonium Prasad, presiding over the case, highlighted the department’s failure to adhere to the principles of natural justice. Despite having the petitioner’s email address and mobile number, the department did not issue a proper show cause notice within the legally prescribed timeframe. The department’s claim that they did not receive a response to an email seeking proof of Hong Kong residency was also scrutinized, with the court noting that a formal show cause notice should have been issued regardless.
The court referenced its recent ruling in Amit Kumar v. The Commissioner of Customs, where it was held that oral waivers of show cause notices and personal hearings in standard forms are not legally valid. The ruling in Amit Kumar emphasized that waivers under Section 124 of the Customs Act, 1962, must be conscious and informed. The court deemed the standard form used by the Customs Department as fundamentally violating the rights of affected individuals.
In this case, the court found that the lack of a proper show cause notice rendered the detention of the watch unlawful. Consequently, the court directed the Customs Department to release the watch to the petitioner within two weeks. The petitioner was instructed to visit the concerned warehouse personally and pay any applicable storage charges.
The ruling underscores the importance of due process and adherence to legal procedures in customs matters, particularly regarding the issuance of show cause notices and the provision of fair hearings.
FULL TEXT OF THE JUDGMENT/ORDER OF DELHI HIGH COURT
