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2022 (12) TMI 1522 - HC - CustomsRequirement of license and Form-X for import of parts of air-pistols and airguns/rifles etc. - Exemption from the service provisions of the Act by virtue of Schedule-I (III) (f) of the Arms Rules, 2016 - HELD THAT - It appears that Delhi Police has inspected the consignments which are subject matter of W.P.(C) 11114/2022. The report dated 02.12.2022 of the Delhi Police which is placed on record, categorically states that the goods are in conformity with the invoices mentioned in the Bill of Entry. It is also clear from the said report that the parts are in respect of fire-arms which are covered under Schedule-I (III) (f) of the Arms Act. It is also not in dispute that the import is in accordance with law. The only question is whether the import license in specific form is required by the petitioner. This court considers it apposite to direct the customs authorities to consider the release of the said items, if there is no other objection, within a period of one week from today without awaiting any further orders of this court. It is so directed. List on 20.01.2023.
Issues:
1. Whether a license and Form-X is required for the import of parts of air-pistols and airguns/rifles exempted from service provisions by the Arms Rules, 2016. Analysis: The judgment addresses the primary issue of whether a license and Form-X are necessary for the import of certain firearm parts exempted under Schedule-I (III) (f) of the Arms Rules, 2016. The customs authorities argue that while no license is required for exempted parts, an inspection by the Delhi Police is necessary under Rule 88 of the Arms Rules. The Delhi Police, on the other hand, contends that a no objection certificate cannot be issued without the mechanism triggered by Rule 88(2), which necessitates a license in Form-X. The Director General of Foreign Trade (DGFT) is responsible for issuing import licenses, and the petitioner refers to a letter from the DGFT stating that Form-X is not needed for importing restricted items. The petitioner's counsel highlights that past practices did not require inspections by Delhi Police or any licensing authority for the items in question, indicating a lack of consideration as firearms for import purposes. The court impleads the DGFT as a respondent and directs them to file a counter-affidavit to clarify their stance on the issue. It is noted that the Delhi Police has inspected certain consignments and confirmed their conformity with invoices and legal importation. The court instructs the customs authorities to consider releasing the items within a week if no other objections exist, emphasizing that the release is without prejudice to any party's contentions. Additionally, the Delhi Police is ordered to inspect other consignments within a week. The case is listed for further proceedings on a specific date. In conclusion, the judgment delves into the complexities surrounding the import of firearm parts exempted under the Arms Rules, 2016, highlighting the differing perspectives of the customs authorities, Delhi Police, and the DGFT. The court aims to streamline the import process by seeking clarity from the DGFT and facilitating the release of consignments while ensuring compliance with legal requirements and without compromising the parties' rights.
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