In a recent ruling, the Delhi High Court directed the Customs Department to release silver-coated gold chains belonging to an Iranian national, Amirhossein Alizadeh, which had been confiscated upon his arrival in India nearly three years ago.
A division bench comprising Justices Prathiba M. Singh and Rajneesh Kumar Gupta noted that the statutory period of six months for issuing a Show Cause Notice had elapsed without any such notice being served to the petitioner. Furthermore, Alizadeh was neither granted a personal hearing nor served with a final order regarding his confiscated jewelry. The court emphasized that following its earlier direction in October 2024, the Customs Department was obligated to ensure that any order related to the seized items was communicated to the petitioner. The failure to do so led the court to observe that Alizadeh should not be compelled to repeatedly approach the court merely to obtain a copy of the order.
Alizadeh had arrived in India on May 7, 2022, when his jewelry was seized. Subsequently, he visited the Customs Office for an appraisal of the items. However, he alleged that a final order was passed against him without the issuance of a Show Cause Notice.
In light of these circumstances, the court quashed the detention of the goods and ordered their release. Additionally, it mandated that warehouse charges be waived. The court further stipulated that if the goods had been disposed of, the Customs Department must compensate Alizadeh with the current market value of the detained items within four weeks. Failure to do so within this timeframe would result in the accrual of interest at the statutory rate from the date of detention.
This decision underscores the importance of adherence to procedural requirements by customs authorities and affirms the rights of individuals against undue delays and lapses in due process.
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