Home Case Index All Cases Customs Customs + HC Customs - 2008 (3) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2008 (3) TMI 345 - HIGH COURT OF DELHIWhether a non-resident Indian on transfer of his residence to India can be permitted to bring more than one firearm under the provisions of the Arms Act or the Rules framed thereunder or the existing Baggage Rules. Held that:- Rule 8 stipulates that a person who is transferring his residence to India shall be allowed free of duty clearance of certain articles in his bona fide baggage to the extent mentioned in Column 1 of Appendix 'F' subject to the conditions mentioned in the corresponding entry in Column 2 of Appendix 'F'. As crystal clear from the aforesaid provisions that only upto one firearm can be cleared on production of a valid licence under the Arms Act and on payment of the appropriate duty on the said firearm, in view of exclusion of firearms under Rule 8 read with Appendix 'F' of the Baggage Rules and para 2 of the notification No. 137/90-Cus. dated 20th March, 1990. The release of this one firearm is by virtue of the exercise of powers by the Central Government, as vested in the Central Government under Section 11 of the Arms Act, and the Central Government having by circular No. 63/95-Cus. dated 7-6-1995 permitted the release of one firearm under the "Transfer of Residence Form Revision" to the person concerned. The learned Single Judge has correctly dismissed the writ petition as being without merit, and permitting the appellant to take back the detained firearms. It was further rightly ordered by the learned Single Judge that on the appellant's exercising such an option, the said firearms would be released to him as and when he chose to go abroad with the condition that he would not be permitted to bring the same into India. Appeal dismissed.
|