2026 (8) TMI 661

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.... to India. Upon his arrival at the Terminal-3, Indira Gandhi International Airport, New Delhi he was intercepted by the Customs Department and Petitioner's gold chain weighing approximately 403 grams was seized by the Customs Department vide detention receipt dated 28th April 2025, bearing DR No. 40002. 4. On the last date of hearing i.e., 11th September 2025, Ms. Narain, ld. SSC on behalf of the Customs Department submitted that summons had been issued by the Customs Department to the Petitioner, as also his father-in-law. Further, this Court, inter alia, directed the Customs Department to produce the detained gold chain before this Court. 5. Today, the gold chain has been produced before this Court in a sealed box. The seal has been opened in the Court itself. After perusing the same, this Court is of the opinion that the Customs Department shall continue with its investigation and issue the Show Cause Notice (hereinafter 'SCN') in accordance with law. 6. It is stated by the Petitioner that, since the father-in-law of the Petitioner is stated to be medically unfit, his statement, if required, can be recorded through video conferencing. 7. Considering th....

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....afted statement by the concerned authorities. 6. In response, this Court notes the submission made by learned counsel appearing for the respondents that the statement of the petitioner was inadvertently recorded without video recording. 7. She extends unconditional apology before this Court for the said lapse. 8. Learned counsel appearing for the respondents draws the attention of this Court to the reply/affidavit filed on their behalf, and in particular, paragraph 20 of the said reply/affidavit, which is reproduced as under: "xxx xxx xxx 20. It is submitted that the SIO who recorded his statement on 08.10.2025 had joined at Airport newly in the last week of September, 2025 and due to lack of awareness that there was specific order of Hon'ble Court to video record his statement and as petitioner also did not point about the same, he recorded the statement dated 08.10.2025 as per normal procedure of Customs Act which does not require statement to be video recorded. Further, no confronting interrogation/question was involved in the said statement and statement was recorded peacefully in which petitioner has made submissions in his defense only. Therefor....

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.... personal hearing granted to the petitioner on 10th August, 2026, shall be duly video recorded. 20. This Court has also perused the aforesaid explanation as given by learned counsel appearing for the respondents. 21. Though the lapse of not video recording the statement is stated to have happened inadvertently, the respondents are cautioned to be careful in future to comply with the directions of this Court scrupulously, as no directions can be taken lightly. 22. The respondent-Customs Department having a robust law department, is expected to be aware of the directions passed by the Court, and it is no explanation that one of the officers was not aware of the directions of this Court. 23. The officers of the respondents being government officials, and having their own law department and records, are expected to be in knowledge of the orders passed by the Court. 24. However, this Court accepts the unconditional apology extended by learned counsel appearing for the respondents, who has stated that the respondents shall be careful in future and would not make such lapses. 25. At this stage, the petitioner has handed over to this Court a Show Cause Notice dated 24th O....

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....¤¶à¥à¤²à¥à¤•à¤†à¤¯à¥à¤•à¥à¤¤ (दिल्लीहवाईअड्डा) काकार्यालय OFFICE OF THE COMMISSIONER OF CUSTOMS (DELHI AIRPORT) टर्मिनल 3, इंदिरा गाँधीअन्तर्राष्ट्रीयहवाईअड्डा, नई दिल्ली .110037 IGI AIRPORT, TERMINAL- 3, NEW DELHI 110037 फा.सं -. VIII(AP)10/P&I/Adj./225/2025/ 1763 Dated - 30.07.2026 To Mr. Pulkit Nanda, S/o Mr. Susheel Nanda, R/o H.No. 43/44, FGC Road, Near Spring Dale School, Kamla Devi Avenue, Nangali, Amritsar, Punjab-143001. (email: [email protected]) Sir, Subject: PERSONAL HEARING - reg. Please refer to this office letter of even no. 4821 dated 22.01.2026 regarding grant of Personal Hearing. In this regard, it is informed that you had already attended the P.H. on 10.02.2026, however on account of change in Adjudica....