Detention of 90-Gram Gold Chain and 10-Gram Gold Wire Without SCN: Delhi HC Orders AA to Consider Re-Export [Read Order]

The High Court of Delhi, directed the Adjudicating Authority (AA ) to grant a personal hearing and consider the petitioner’s request to re-export a 90-gram gold chain and a 10-gram gold wire detained without issuance of a Show Cause Notice (SCN).

Ashily Muhammed Shameer, petitioner-assessee, filed a petition under Article 226 of theConstitution of India, challenging the detention of a 90-gram gold chain and a 10-gram elongated gold wire shaped into a ring.

The Customs Department had detained the items on 13th February, 2024, vide Detention Receipt No. 3779, when he arrived from the UAE to Delhi. The petitioner argued that no SCN had been issued.

The Customs Department, in its counter affidavit, claimed to have issued a hearing notice, which the petitioner’s counsel maintained was issued only after the writ petition was filed.

Justice Prathibia M Singh and Justice Shail Jain observed that, considering the nature of the gold items and the absence of photographs to show that they were old and used, the case did not warrant interference under its writ jurisdiction. At that stage, the petitioner’s counsel informed the Court that the petitioner was willing to re-export the goods.

The Court directed the petitioner to appear before the Department for a personal hearing, and the nodal officer was instructed to guide him to the appropriate adjudicating authority. The Superintendent of Customs, Mr. Sandeep Lamba, was informed accordingly.

The adjudicating authority granted the petitioner a personal hearing on 12th September, 2025, and was directed to consider the request to re-export the gold items and pass an order in accordance with law.

Accordingly,the petition was disposed of.

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