Nitish Kharbanda Vs Commissioner of Customs (Delhi High Court)
The Delhi High Court heard a writ petition filed by Nitish Kharbanda under Article 226 of the Constitution, seeking release of one gold kada weighing 100 grams and one gold chain weighing 75 grams that were detained by Customs officials at the Indira Gandhi International Airport on 19 March 2024. The detention was recorded under receipt no. 4207 (later renumbered 26600 dated 8 August 2024).
The petitioner contended that the goods were unlawfully seized and detained without issuance of a Show Cause Notice (SCN) or providing a personal hearing, as required under Section 124 of the Customs Act. The counsel for the Customs Department argued that a valid personal hearing notice had been issued to the petitioner in accordance with the Court’s earlier ruling in Qamar Jahan v. Union of India (decided on 27 March 2025), which required that passengers be informed about the procedure of oral SCNs and be given notice of a personal hearing even when the SCN is waived.
However, the Court referred to its earlier decision in Amit Kumar v. Commissioner of Customs [2025:DHC:751-DB], where it was held that waiver of SCN and personal hearing through printed standard forms is contrary to law. In Amit Kumar, the Court had ruled that such printed waivers cannot substitute a proper SCN or valid consent, as they violate the principles of natural justice. It was emphasized that even if an oral SCN is claimed to be served, the affected person must be consciously aware and given an opportunity to be heard before any adjudicating order is passed.
