Ashily Muhammed Shameer Vs Commissioner of Customs (Delhi High Court)
In a recent petition filed under Article 226 of the Constitution of India, the Delhi High Court has provided a directive to the Customs Department regarding the detention of personal gold items. The petitioner, Ashily Muhammed Shameer, challenged the Customs Department’s detention of a 90-gram gold chain and a 10-gram gold wire, which occurred on February 13, 2024, as the petitioner was traveling from UAE to Delhi. The central issue raised by the petitioner was that no Show Cause Notice (SCN) had been issued since the detention, a fact vehemently opposed by the petitioner’s legal counsel.
The Customs Department, in its counter-affidavit, informed the court that a hearing notice had been sent to the petitioner. However, the petitioner’s counsel contended that this notice was a “knee-jerk response” triggered by the filing of the writ petition.
The court, after considering the arguments, opted not to intervene directly under its writ jurisdiction. The judgment noted that the case, considering the nature of the gold items and the absence of photographic evidence to prove they were old and used, did not warrant such judicial interference.
The proceedings took a new turn when the petitioner’s counsel informed the court that Ashily Muhammed Shameer was willing to re-export the gold items. Based on this change in position, the court decided to dispose of the petition by issuing specific directions. It instructed the petitioner to appear before the Customs Department for a personal hearing. The court further directed that the appropriate adjudicating authority must consider the petitioner’s request to re-export the gold items and pass an order in accordance with the law.
