TMI Blog2013 (9) TMI 731X X X X Extracts X X X X X X X X Extracts X X X X ..... the Customs Act, 1962 would be initiated". Section 48 of the Customs Act was clearly applicable as the imported item, i.e. the revolver, was an arm defined under the Arms Act, 1959 - Even with the writ petition we note that the petitioner had not filed any document or proof to show that the earlier revolver held/owned by him was of Indian make and origin – Decided against Petitioner. - W P (C) No.1395/1995 - - - Dated:- 30-8-2013 - Sanjiv Khanna And Sanjeev Sachdeva,JJ. For the Appellants : Mr Vivek Sood and Ms Janhavi Mahana , Advs. For the Respondent : Ms .Meera Bhatia, Adv. for UOI. JUDGMENT Per: Sanjiv Khanna,J (Oral) 1. Iqbal Ahmad Khan, resident of Meerut City, U.P. and a citizen of India, invokes writ jurisdi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on but in view of the facts narrated below, we feel that the present writ petition cannot be allowed in view of the extraordinary delay and latches in approaching the Court. On merits also, the petitioner should not succeed. 6. The detention certificate dated 8th January, 1985 records that the petitioner as per his arm's licence had acquired another revolver on 4th April, 1979, which was sold on 14th December, 1984. As per the Baggage Rules applicable a non-tourist passenger was allowed to import as a part of his baggage without import licence but on payment of customs duty, a fire-arm, subject to the condition that the passenger should not have imported or otherwise acquired a foreign made arm of the same category during the last 10 year ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er, 1990 written to the Minister, the petitioner had stated that he made several visits to the Customs Department before the gun was released on 30th July, 1985, but delivery of revolver was refused on the ground that its licence was not older than 10 years and, therefore, he was not entitled to import the revolver. This clearly indicates that he was informed that he could not have imported the revolver within 10 years in case he had imported a revolver or had acquired same category foreign fire arm in last 10 years. 9. Assistant Collector (Custom Policy) vide letter dated 26th September, 1991, informed the petitioner that he should send a clear copy of the detention receipt to the said office in view of his letter dated 19th December, 19 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r to Instruction No.6 of the detention receipt to the effect that "if the goods are not cleared within two months of the detention or any period extended by the competent authority, action to dispose of goods under relevant provisions of the Customs Act, 1962 would be initiated". Section 48 of the Customs Act is clearly applicable as the imported item, i.e. the revolver, is an arm defined under the Arms Act, 1959. Even with the writ petition we note that the petitioner has not filed any document or proof to show that the earlier revolver held/owned by him was of Indian make and origin. 12. In view of the aforesaid position, we do not find any merit in the present writ petition and the same is dismissed. However, there will be no order as ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
