9911796707
TMI Blog2025 (5) TMI 270X X X X Extracts X X X X X X X X Extracts X X X X ..... . Nikhil Kumar Chaubey and Ms. Jyotsna Vyas, Advs. for R-1. (M:9910396352). PRATHIBA M. SINGH, J. (ORAL) 1. This hearing has been done through hybrid mode. 2. The present petition has been filed by the Petitioner- Daljeet Singh under Article 226 of the Constitution of India, inter alia, seeking issuance of an appropriate writ assailing the detention of the one gold kada of the Petitioner detai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e the Show Cause Notice (hereinafter, 'SCN') and personal hearing and that the case may be decided on merits. 6. Clearly, a perusal of the photographs and the fact that it is one Kada which is usually worn by persons like the Petitioner who are Sikhs, leaves no doubt in the mind of the Court that the same was a personal effect of the Petitioner. Moreover, in the cases of Mr Makhinder Chopra vs. C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Baggage Rules. Further, the Department is required to make a distinction between 'jewellery' and 'personal jewellery' while considering seizure of items for being in violation of the Baggage Rules. xxx xxx xxx 34. Since, the Court has made clear that the practice of making tourists sign undertaking in a standard form waiving the show cause notice and personal hearing is contrary to the pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The Order-in- Original dated 29th November, 2024 is accordingly set-aside" 7. Considering the fact that the gold kada seized is merely a personal effect of the Petitioner, in the opinion of this Court, the detention itself would be contrary to law. 8. Accordingly, the detention of the gold kada is set aside. 9. The Petitioner shall be entitled to release of the gold kada within a period of fou ..... X X X X Extracts X X X X X X X X Extracts X X X X
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