9911796707
TMI Blog1997 (3) TMI 291X X X X Extracts X X X X X X X X Extracts X X X X ..... 20th September, 1985. The A.C. confiscated it and the confiscation was confirmed by the Collector. 3. The appellant appealed to the Tribunal and the matter was remanded for reconsidering the case in the light of the Government of India s instructions contained in F. No. 497/57/87-CUS-VI, dated 5-1-1988. 4. The matter was therefore reconsidered by the Collector (Appeals) and he again confirmed the earlier order of absolute confiscation on the ground that the importation of fire-arms was in prohibited category and therefore its release on redemption fine was not mandatory and such release will not serve any public interest. 5. It was however, his contention that the Government s instructions dated 5-1-1988 (supra) were issued as transit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y be released on payment of fine and he subsequently filed a copy of the Order No. A/2585/96-NB, dated 4-11-1996 on the same issue in which the precedent cited by him had been followed. 10. I have considered the above submissions. I observe that the fire-arm had been confiscated by the A.C. as it had been imported without ITC licence in contravention of the ITC Order 17/55 read with Section 3 of the Import and Export Control Act and Section 111(d) and (m) of the Customs Act, and there is no dispute that the appellant did not possess either ITC licence or a CCP. 11. I observe that in terms of clause 3 of the ITC Order, 1955 (as amended up to 12th April, 1985) the importation of the items specified in Schedule I was prohibited as evident ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d under transfer of residence etc. Para 2 of the above instructions further makes the position clear and it reads as follows :- 2. The transitional problems arising out of sudden imposition of ban on the imported of fire-arms in baggage or as gift and the delay in communicating the decision regarding this prohibition to the concerned authorities; particularly, our Missions abroad, had been under consideration of the Government. Having regard to these transitional problems and at the same time keeping in view the need to eliminate profiteering by unscrupulous elements, on account of high copremium commanded by weapons of foreign make in the India market, Government have decided :- (1)to regularise all imported made up to to 31-1-1987 (e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ther be released or if that is not possible, in the alternative, re-export may be allowed as recorded by the ld. Collector (A) in his order dated 4-12-1987. This order was set aside and the matter remanded as noted above and there is no indication that the plea for re-export was again made. In the hearing before us also this plea has not been reiterated and even otherwise because the transport of firearms by post is not permissible, I am not conceding this plea although it is on record as having been made initially before Collector (A). I also find that the ld. Counsel is incorrect in pointing out that the absolute ban came into force only w.e.f. 5-1-1988 because as we have seen that the relevant provisions were in existence even earlier an ..... X X X X Extracts X X X X X X X X Extracts X X X X
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