Javed Alam Vs Commissioner of Customs (Delhi High Court)
Delhi High Court Quashes Customs Confiscation Order Over Invalid Waiver of Show Cause Notice and Hearing
Delhi High Court has granted relief to an international traveler, setting aside an order by the Commissioner of Customs that had confiscated goods and imposed a penalty. The court’s decision hinged on the finding that a standard format waiver of a show cause notice and personal hearing, allegedly signed by the petitioner, was invalid in the eyes of the law.
The case, titled Javed Alam Vs Commissioner of Customs, was brought before the High Court by the petitioner, an Indian citizen who arrived at Indira Gandhi International Airport, New Delhi, from Dubai on the night of September 19/20, 2024. According to the petitioner, he had traveled for a family wedding and was carrying various gift items purchased in Dubai. He stated that he proceeded through the Red Channel, intended for passengers with dutiable goods.
However, the petitioner claimed that despite using the Red Channel, he was made to wait for over six hours, and instead of being asked to pay the applicable customs duty, his goods were detained. The seized items included 23 pieces of branded watches, 13 pieces of Pashmina/Shahtoosh shawls, 44 pieces of branded clothes, and two bottles of Johnnie Walker Blue Label whiskey. These goods were initially seized under Detention Receipt No. 26696 dated September 20, 2024, with subsequent new detention receipt numbers issued on later dates.
