Amirhossein Alizadeh Vs Commissioner of Customs & Ors. (Delhi High Court)
Delhi High Court ruled on a petition filed by Iranian national Amirhossein Alizadeh, seeking the release of gold ornaments detained by the Customs Department at Indira Gandhi International Airport (IGI) on May 7, 2022. The petitioner had arrived from Iran and was carrying four silver-coated metal chains of gold, weighing 255.74 grams, which were seized upon arrival. Alizadeh claimed that despite multiple visits to the Customs Office for appraisement, he was never issued a show cause notice or served with an Order-in-Original regarding the confiscation of his goods. Consequently, he filed a writ petition (W.P.(C) 14840/2024) to obtain a copy of the order, which was disposed of on October 22, 2024, with directions to the Customs Department to provide the order.
Despite the court’s directive, the Customs Department failed to serve the order on the petitioner, leading to a second petition seeking the unconditional release of the detained gold. The court observed that the statutory six-month period for issuing a show cause notice had lapsed and that no personal hearing had been granted to the petitioner. The Division Bench, in its previous order, had emphasized the department’s obligation to serve the Order-in-Original or at least inform the petitioner of its issuance. The non-compliance with these directions was noted as a significant procedural lapse.
