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TMI Blog2019 (10) TMI 825X X X X Extracts X X X X X X X X Extracts X X X X ..... ng this description is freely importable and does not require any licence. Moreover, if any licence is required under the Arms Act, the same can be obtained after getting the weapon from the Customs Department. Confiscation of the weapon is unwarranted in view of the description given about the weapon in the invoice produced by the appellant. Both the authorities have not properly considered the invoice which is the document vide which the appellant has purchased the said weapon - the impugned order confiscating the weapon is unsustainable in law - Appeal allowed - decided in favor of appellant. - C/20618/2019-SM - Final Order No. 20875/2019 - Dated:- 21-10-2019 - SHRI S.S GARG, JUDICIAL MEMBER For the Appellant : ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r had failed to furnish the proof that the air pistol imported is having muzzle energy below the prescribed limit of 20 Joules. Therefore the adjudicating authority has held that the subject import had violated the provisions of Foreign Trade (Exemption from Application of Rules in Certain Cases) Amendment Order 2017 read with Arms Act, 1959 and hence confiscated the goods absolutely. Aggrieved by the said order of the original authority, the appellant filed appeal before the Commissioner(Appeals) who rejected the same. Hence the present appeal. 3. Heard both sides and perused the records. 4. Learned counsel for the appellant submitted that the impugned order is not sustainable in law as the same has been passed wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has power less than 7.5 joules and bore is less than 0.177 or 4.5mm and does not require any licence. In support of this, the appellant has relied upon the decision in the case of Nishant Sanjay Ghogare Vs. CC, Airport, Mumbai [2018(363) ELT 872 (Tri. Mum.)] 5. On the other hand, the learned AR defended the impugned order. 6. After considering the submissions of both sides and perusal of the material on record, I find that the appellant is a shooter and is a member of National Rifle Association of India and is also a member of Thrissur Rifle Association. Further I find that as per the invoice dt. 12/09/2017, it is clearly mentioned in the description that the air pistol is having the power less than 7.5 joules and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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