The Supreme Court has held that a person cannot claim any right to import fire arms from abroad without a proper license issued by the Directorate General of Foreign Trade.
The Supreme Court has held that a person cannot claim any right to import fire arms from abroad without a proper license issued by the Directorate General of Foreign Trade, as prescribed under the Centre's EXIM (export import) policy.
A bench of justices RV Raveendran and RM Lodha said if the government has framed a policy to restrict the import of arms only to renowned shooters and rifle clubs, then it cannot be challenged as being illegal.
"What is important to be noticed is that in the light of the Exim Policy, the import of firearms is permissible only against an import licence issued by the DGFT to renowned shooters/rifle clubs for their own use on the recommendation of the Department of Youth Affairs and Sports and the appellant has been denied import licence because he is not covered by this category," the bench said in a judgement.
The apex court passed the judgement while dismissing the appeal filed by Anirudh Singh Katoch challenging a verdict of the Delhi High Court to detain three firearms brought by him in his baggage after he returned from the US, where he went for studies and worked briefly.
Katoch had brought along with him three fire arms-- Walther PPKS Pistol, NPB Rifle and a DBBL gun, on the ground that he possessed a valid license under the Arms Act.
However, the Customs authorities confiscated the weapons and his writ petition challenging the confiscation was dismissed by the high court which interpreted the rules to state that a person has no inherent right to import arms unless permitted by the DGFT.
Aggrieved, he appealed in the apex court.
Dismissing the appeal, the apex court said, "The Division Bench has rightly considered the provisions contained in Customs Act, 1962, Baggage Rules, 1959 Act and Rules framed thereunder, 1992 Act and the Exim Policy and did not commit any error in holding that a person is not entitled by virtue of 1959 Act or the Rules framed thereunder to bring into India such licensed firearms, if any provision of law prohibits or restricts the bringing of such articles."
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