Muhammad Nazim Vs Commissioner of Customs & Ors. (Delhi High Court)
Delhi High Court addressed a petition by Muhammad Nazim seeking the release of two gold bars seized by the Customs Department at IGI Airport on November 7, 2023. The petitioner contended that he had not received a show cause notice regarding the seizure. The Customs Department, however, stated that an order dated February 29, 2024, had been issued, declaring the confiscation of the gold and imposing a penalty of ₹1,00,000. The petitioner maintained that he was unaware of this order as it had only been sent via speed post.
The court emphasized the importance of serving notices, orders, and communications through email to avoid ex-parte proceedings and procedural delays. Referring to its earlier ruling in Bonanza Enterprises vs. The Assistant Commissioner of Customs & Anr., the court reiterated that notices should be sent via traditional methods as well as electronically. The Customs Department was directed to comply with Section 153 of the Customs Act, 1962, ensuring service through email and the DGFT common portal. The petitioner, having received the order during the proceedings, was granted 30 days to seek legal remedies. The petition was subsequently disposed of.
FULL TEXT OF THE JUDGMENT/ORDER OF DELHI HIGH COURT
