TMI Blog2017 (3) TMI 348X X X X Extracts X X X X X X X X Extracts X X X X ..... ireless equipment in the country and may be approached by the appellant-commissioner for ensuring strict compliance of the Rules upon deployment of the said equipment if so empowered under the statute - application dismissed. - C/MISC/40651/2016 in C/41082/2016 - 40503/2016 - Dated:- 21-7-2016 - Shri P.K. Choudhary, Judicial Member And Shri C.J. Mathew, Technical Member For the Appellant, Shri K. Veerabhadra Reddy, JC (AR) For the Respondent Shri G, Natarajan, Adv. Per C.J. Mathew: This application for stay is before us on a mention made by Learned Authorized Representative while placing before us copy of the order of the Hon'ble High Court of Madras dated 10 th June 2016 upon petition filed by M/s Srinithi Corpor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... presentative contended that this is a weighty matter having a bearing on national security and compliance with laws relating to wireless equipment are to be enforced strictly. It was also submitted that the importer, despite having been granted adequate opportunity get the equipment tested by competent authorities, had not taken any initiative to do so. Drawing attention to the 0M in F No IR-11020/02/2008-LR, dated 2 nd February 2009, and in particular to para 2.3 as below: 2.3 Accordingly, the facility for updating, the equipment library, including that for equipments in the delicensed bands, in the ASMS has been made available to all RLOs for both licensed delicensed bands so that the same can be done at RLOs, Necessary software m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appellate authority order has been sought now was not a matter that was even remotely considered to be critical at the time of filing the appeal. Had that criticality been felt, surely they would have pressed for a stay of the impugned order hen itself. 4. The impugned order has been passed after due consideration by an official in the departmental hierarchy of no less expertise, training and dedication than the appellant-Commissioner. We find that the 0M cited by the learned Authorised Representative are instructions issued to the licensing officers and do not appear to be intended for the general public. The Rules, undoubtedly, are in the public domain. Moreover, it would appear that the intention of the Rules is to ensure that equipm ..... X X X X Extracts X X X X X X X X Extracts X X X X
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