The appeal centered around the import of consignments comprising ...

Handgun Parts Import Clearance: Ex Post Facto License Granted for Pre-fitted Components.

Case Laws     Customs

August 31, 2024

The appeal centered around the import of consignments comprising 'frames' and 'slides' of handguns by the writ petitioner (Syndicate), which were seized by the respondents. The key issue was whether Syndicate's import license for 'frames' and 'slides' covered other pre-fitted parts like firing pins, extractors, and hammers under the relevant Act and Rules. The court held that by issuing Form X to Syndicate, the appellants (authorities) had effectively granted clearance for the imported 'frames' and 'slides' with pre-fitted components. The appellants did not object to the pre-fitted parts when Form X was issued, despite being aware of the pending litigation on whether separate licenses were required for embedded sub-components. The court ruled that once Form X was issued, the requirements of separate permissions u/rs 57(4) and 88(2) were deemed satisfied. The court concluded that the appellants' objections regarding separate licenses for pre-fitted parts and permissions u/r 57(4) were afterthoughts. The ex post facto issuance of Form X implied that an importer with a license for 'frames' and 'slides' did not need separate licenses or permissions for pre-fitted components. Consequently, the restriction on Syndicate's disposal of the imported goods was dissolved, and the appeal was disposed of.

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