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2018 (6) TMI 1090 - AT - CustomsConfiscation - import of Pardini Air Pistol K12 Cal. 177/4.5 - prohibited goods - Since it is a prohibited goods specified as “Arms” and imported without valid Arms licence the said pistol was held to be liable for confiscation - classification of imported goods - Held that:- In the pre-amended portion of rule governing import of arms and amendment made with effect from 09.02.2012, the definition of “Renowned Shooter” was not found mentioned but he borrowed the same from Note 3 of Import licensing - Admittedly import was done after 2012 and his finding regarding acquirement/ designation of “Renowned Shooter” by the appellant subsequent to such import is apparent on record. But what I find in his order and from the appeal memo is that the Commissioner (Appeals) has followed the definition of “Arms” and had not gone into the item description contained in notification 52 (RE)/2007/2004-09 dated 21.11.2007, which was relied on by the appellant, during the appeal proceeding. It is worth mentioning here that a person would become renowned in the field of sports after successful/ repeated participation in that field and in order to participate in the sports like shooting, availability of air gun is a basic requirement and therefore notification dated 21.11.2007 clearly distinguishes a “shooter” from “renowned shooter” and import of “Arms” from import of “other Arms” by allowing 0.177 air gun pistols for free import by shooters registered with Rifle Clubs /Association. The amended import policy of Arms and Ammunition has amended only the provisions containing the import of arms under which free import of 0.177 air guns/ pistols, which was included in the notification of 2005, has been excluded from the definition of “Arms” in 2012 notification. The order passed by the Commissioner on 22.07.2017 remanding Appellant’s case for fresh adjudication is hereby set aside - appeal allowed.
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