NODIRKHON KHAMIDKHOJIEV vs THE COMMISSIONER OF CUSTOMS
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment delivered on: 19.03.2024
+ W.P.(C) 3748/2024
NODIRKHON KHAMIDKHOJIEV ….. Petitioner
Versus
THE COMMISSIONER OF CUSTOMS ….. Respondents
Advocates who appeared in this case:
For the Petitioner: Mr. Asish Nischal, Mr. Arun Nischal and Ms. Rinku Shah, Advocates.
For the Respondents: Mr. Harpreet Singh, Senior Standing Counsel with Ms. Suhani Mathur, Advocate.
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CORAM:-
HONBLE MR. JUSTICE SANJEEV SACHDEVA
HON’BLE MR. JUSTICE RAVINDER DUDEJA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
1. Petitioner seeks a direction to the respondent to release the goods and jewelry of the petitioner that were detained by the respondent on 19.05.2023. Learned counsel for petitioner submits that no Show Cause Notice has been issued within the statutory period.
2. This is disputed by learned counsel for respondent, who submits that a Show Cause Notice was issued on 07.11.2023 within the statutory period of six months and sent to the address disclosed by the petitioner to the Revenue Authorities.
3. Learned counsel for petitioner submits that as per his instructions, the Show Cause Notice was never received.
4. Copy of the Show Cause Notice has been forwarded to learned counsel for petitioner today. Learned counsel accepts service of the Show Cause Notice on the petitioner and prays that since service has been accepted today, 30 days time be granted to the petitioner to respond to the Show Cause Notice.
5. In view of the above, this petition is disposed of permitting the petitioner to file a reply to the Show Cause Notice within a period of 30 days from today. On reply being filed, the Adjudicating Authority shall adjudicate the Show Cause Notice in accordance with law.
6. Needless to say, it would be open to the petitioner to avail of such further remedies as may be permissible in law in case petitioner is aggrieved by any further order passed.
SANJEEV SACHDEVA, J
RAVINDER DUDEJA, J
MARCH 19, 2024
NA
W.P.(C) 3748/2024 Page 2 of 2