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2019 (10) TMI 825 - CESTAT BANGALOREImport of MGH I Air Pistol Cal. 4.5 (Make ‘match guns’ by Cesare Morini) as Post Parcel through the Postal Appraising Department - freely importable item or not - renowned shooter - N/N. 21/2008, as against Sl.No.582 - HELD 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 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 bore less than 4.5 mm / 0.177. Further, in view of the Arms Rule, a weapon having 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.
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