Airgun confiscated by chennai customs

If you followed this https://indiansforguns.com/viewtopic.php?f=2&t=3481 you should not be facing problems.

GSR 991 prescribes a soft wood test to determine whether individual should obtain a possession license from the jurisdictional police commissioner or not. The Air Rifle of 0.177 bore qualifies in the soft wood test, hence does not require a possession license.

These days the government babus do not know what they are talking about. There is nothing called soft wood test as claimed by him, instead it is deal wood test. Any air gun/rifle/pistol which passes the deal wood test is exempt from all provisions of Arms Act 1959. Make him read the famous Central Government notification No. G.S.R 991 dated 13-7-1962 where it had excluded airguns, air rifles, air pistols which pass the deal wood test mentioned in Column (1) of Schedule II from all provisions of the Act. A copy of this notification can be read at https://indiansforguns.com/viewtopic.php?f=4&t=2335#p50363

The subject goods are prohibited in terms of Exim Policy and in terms of Para 3(i)(g) of the Foreign Trade (Exemption from Application of Rules in Certain Cases) Order....................However, if the air rifle of 0.177 bore is imported through cargo mode by renowned shooters/shooters registered with Rifle Clubs or District/State/national Rifles Association, they do not need to submit an import license from DGFT for the import of the same.

In Second para, they have confirmed, that the gun doesnot require any licence as it is not coming underd the perview of airms act.

In para 3, they are confirming this also that I am eligable to import airgun.

They are holding my gun by saying that FIREARM CAN NOT BE IMPORTED VIA POST where everywhere they are confirming that the gun I am importing is not a firearm.

The main thrust of this confiscation order is that the import was illegal because of being through postal mode.  You see the root of problem.

Probably they are trying to create confusion so that agreived party falls to their feet and bribe them. How can the Forensic Sciences Department’s letter to Customs for the reference made by the Customs have any force of law. It can be ignored for time being. Customs can act only if there is violation of law.

The main point to note is his following two contentions claiming that the two laws(Foreign Trade (Exemption from Application of Rules in Certain Cases) Order 1993 and Arms Act 1959) have been violated:

I hold that the subject import goods had violated the provisions of the Foreign Trade (Exemption from Application of Rules in Certain Cases) Order, 1993 read with Arms Act, 1959 and thus. the goods are liable for confiscation under Section 111(d) of the Customs Act. 1962.......................I order absolute confiscation of 1 No. Gamo Air Rifle valued at 51,499 under Section 111(d) of the Customs Act,1962

For the first contention he should be made to read this notification https://dgftcom.nic.in/exim/2000/not/not05%5Cnot1205.htm For his second contention he should be made to read the Central Government notification No. G.S.R 991 dated 13-7-1962 where it had excluded airguns, air rifles, air pistols which pass the deal wood test mentioned in Column (1) of Schedule II from all provisions of the Act.  After reading these two notifications there is no violation of these two laws as claimed by him.

There statement is very self-contradictory.  In this scenario, what is the next step to follow?

Should I go ahead with the appeal to their higher authority with Rs.5 court fees etc? OR should I consult a legal professional so that this should be an example for them for not doing such noise in future?

If I have to consult a legal professional, will that be a civil lawyer?? Some reference would be appreciate.

There statement is very self-contradictory.

Don't fall into his trap of contradictions and irrelevant noise. Ignore them and concentrate on the two violations of law he has written and the answers I have provided.

In this scenario, what is the next step to follow?

You may meet him personally and appraise him of the two notifications. If he agrees your job is done and you will take your air rifle with you. Or write a letter to him appraising of the two notifications and get an acknowledgement of the same and see what is his reply.

Should I go ahead with the appeal to their higher authority with Rs.5 court fees etc?

You may.

OR should I consult a legal professional so that this should be an example for them for not doing such noise in future?

You may.

If I have to consult a legal professional, will that be a civil lawyer??

Yes a civil lawyer. If he is familier in dealing with customs matters it will be even better.

Some reference would be appreciate.

Unfortunately I do not have any. You will have to find yourself. May search this website.

THAPAR & ASSOCAITES LAW FIRM (CUSTOMS LAWYERS)

An appeal has been made and the commissioner -appeal given a release order where it says, within 3 months any of the party can further re-appeal. Two month passed we haven't heared that customes are chalanging this order nor they released our goods.

My question is what would be the next step if they are not honering the release order after 3 months?

Best Regards,

Dimitri

I am eager to have some experts comments on this issue. Please help.

An appeal has been made and the commissioner -appeal given a release order where it says, within 3 months any of the party can further re-appeal. Two month passed we haven't heared that customes are chalanging this order nor they released our goods. My question is what would be the next step if they are not honering the release order after 3 months? Best Regards, Dimitri

Bump!

Release order made by commissioner -Appeal but "customs foreign post" they are not executing the release order.  As mentioned previously, "customs foreign post" has 3 months to execute the order otherwise if they don't agree with the order they are free to further appeal within 3 months period. 

My question remains same. "Customs foreign post" not honoring the order once the 3 months’ time period is over, what could be the next step?

Originally posted by : dimitri

I was importing an airrifle from US via USPS and it was been cosficated by customs and they have sent me a cinfication order: I am pumlishing it in the below.

 

Can you suggest what to be done next and if you can refer and legal professional in chennai?

 

 

 

FINDINDS

 

I have carefully gone through the records of the case through import export data and the written submissions

made by the notice.

 

It is observed that Shri Dimitri Martin had imported 1 No. Gamo Air Rifle vide Post

Parcel No. 12345. The subject goods are prohibited in terms of Exim Policy and in

terms of Para 3(i)(g) of the Foreign Trade (Exemption from Application of Rules

in Certain Cases) Order, 1993. GSR 991 prescribes a soft wood test to determine

whether individual should obtain a possession license from the jurisdictional police commissioner or not. The Air Rifle of 0.177 bore qualifies in the soft wood test, hence

does not require a possession license.

 

However, if the air rifle of 0.177 bore is imported through cargo mode by renowned shooters/shooters registered with Rifle Clubs or District/State/national Rifles Association,

they do not need to submit an import license from DGFT for the import of the same.

Since Shri Dimitri Martin is a life member of Madurai Rifle Club he does not require

to produce a license to the Customs authorities. But, this does not exempt the air rifle

of 0.177 bore from the purview of the Arms Act., 1959.

 

The Forensic Sciences Department’s letter No.Ball./3371512011 dated 1210412011 for the reference made by the Customs authorities also opines that import of arms and ammunition

is unlawful through postal mode. Therefore, I hold that the subject import goods had

violated the provisions of the Foreign Trade (Exemption from Application of Rules in Certain Cases) Order, 1993 read with Arms Act, 1959 and thus. the goods are liable for confiscation under Section 111(d) of the Customs Act. 1962.

 

However, considering the fact that the importer being a member of The Madurai Rifle Club which makes him eligible to import the air rifle other than the postal mode.  I refrain from imposing any penalty.

 

In view of the above, I pass the following order

 

ORDER

I order absolute confiscation of 1 No. Gamo Air Rifle valued at Rs.51,499 under Section 111(d) of the Customs Act,1962

 

sig.

 

ASST. commissioner customs. (PAD-AIR)