9911796707
TMI Blog2025 (1) TMI 23X X X X Extracts X X X X X X X X Extracts X X X X ..... usal to the release of five consignments (specified in paragraph 4 (xi) of the writ petition), comprising parts of firearms, specifically 'Slides' for handguns. These consignments were imported by the Petitioner from Turkey, under an Import License dated 23rd October, 2020, issued by the Directorate General of Foreign Trade ["DGFT"], Ministry of Commerce and Industry, intended for further manufacture of handguns by the Petitioner. 2. According to the Petitioner, the consignments in question, which arrived at the IGI Airport in September 2022, have been withheld by the Respondents for over two years pending clearance under the Arms Rules, 2016. The Petitioner contends that this protracted delay is unwarranted and has inflicted substantial f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ignments have reached India, however, without any seizure notice or confiscation, Respondent No. 1 - Customs Department has, in an arbitrary manner, continued to withhold the release of the same by placing reliance on the OM issued by MHA. 3.5 The counter affidavit filed by Respondent No. 3 (MHA) narrows its objection to the contention that the Petitioner's license covers only the import of discrete 'slides' and 'frames,' not pre-fitted or embedded components of such parts. This very objection has been considered and rejected by the Coordinate Bench of this Court in judgment dated 07th October, 2022 in W.P.(C) 10143/2022. Even though both the MHA as well as DGFT preferred appeals against the aforementioned judgment, the same were rejected ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d disposed of" 5. The Court has considered the submissions of the parties. It is noted that even though Supreme Court's order dated 06th December, 2024, keeps certain question of law open for consideration, the factual scenario and the objections raised by the Respondent have been duly considered and determined by the Division Bench in LPA No. 695/2022. Therefore, in the opinion of the Court, the Petitioner is entitled to relief sought in the present writ petition. 6. The relief sought in prayer (a), regarding the release of consignments stands granted through order dated 30th September, 2024, with certain conditions. However, since the Petitioner is entitled to succeed, the superdarinama is cancelled and the conditions imposed by the Cou ..... X X X X Extracts X X X X X X X X Extracts X X X X
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