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2017 (3) TMI 495 - HC - CustomsProhibited item - import of Drone - petitioner made true declaration regarding presence of Drone, however it is contended that the import of Drone is prohibited, and it is liable to be seized - Held that: - Ext.P3 Notification dated 27.07.2016 issued by the Ministry of Commerce & Industry, Department of Commerce, Government of India, under which a restriction is created with respect to import of drones along with other similarly functional Aircraft systems. As discussed above, in order to import a drone, prior clearance of the Director General of Civil Aviation and import license from DGFT is required. The question with respect to the restrictions made was on account of the liability to pay the import duty etc. etc. on goods imported in the context of 'prohibited' or 'non-prohibited'. Here is a case where the restriction made is securing prior permission/licence from the two statutory authorities of the Government of India. Therefore, the restriction is a pre-condition to import goods. Petitioner has not challenged Ext.P3 Notification issued by the Government of India. The reason for which Ext.P3 Notification was issued by the Government of India is not discernible. Petitioner is not entitled for a direction to release the goods detained under Ext.P1 receipt, provisionally to the petitioner. But, dismissal of this writ petition will not stand in the way of considering Ext.P2 application submitted by the petitioner, if and when situation demands - petition dismissed - decided against petitioner.
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