ANIRUDH SINGH KATOCH Vs. UNION OF INDIA

JUDGEMENT

(1.) Leave granted.

(2.) In these three appeals, by special leave, the core question that arises for consideration is, whether the Additional Commissioner of Customs, Indira Gandhi International Airport, New Delhi (Respondent No. 3) was justified in detaining two duly licensed firearms which the appellant brought from United States of America (USA) on transfer of his residence into India.

(3.) The appellant--an Indian citizen--went to USA for further studies in 1984. He graduated in Computer Science from Seattle Pacific University, Seattle, USA and worked with a Medical Instrumentation firm there. He holds licences for the possession of three firearms, namely, (1) Walther PPKS SNW007450 (NPB Pistol) (2) NPB Rifle and (3) DBBL Gun under the Arms Act, 1959 (for short, '1959 Act') and the Arms Rules, 1962 (for short, '1962 Rules'). Before coming to India, he is said to have consulted the Indian Consulate in San Francisco, USA with regard to these firearms and he was told that he was allowed to take his personal firearms to India provided he held valid Indian firearms licences. The appellant, accordingly, brought the aforesaid three firearms with him on transfer of his residence to India. The appellant arrived at the Indira Gandhi International Airport, New Delhi on October 1, 2000 with his baggage and firearms. He was told at the customs clearance counter that he was permitted only one firearm under the Transfer of Residence Rules and he had to obtain the firearms import licence for the other two firearms from the Director General of Foreign Trade (DGFT). All the three firearms were, thus, detained by Respondent No. 3 and a detention order was issued on October 1, 2000 recording, 'detained for clearance as per Rules'. Thereafter on February 16, 2001, one of the firearms, namely, Walther PPKS. 32 ACP Handgun was released to the appellant and the other two firearms remained in the custody of the custom officials. It transpires that the appellant made an application with the DGFT on February 1, 2001 for import of the two firearms which were detained by the custom officials. On March 8, 2001, the appellant was informed by DGFT that as per the import policy, import of firearms and ammunition is not permitted except against a licence to renowned shooters/rifle clubs for their own use on the recommendation of the Department of Youth Affairs and Sports and since the application made by the appellant did not come under that category, his case has been referred to the Ministry of Home Affairs for their recommendation. The correspondence seems to have ensued between the appellant and various authorities but the two firearms were not released. The appellant then served legal notices upon the Additional Commissioner of Customs, IGI Airport, New Delhi, Deputy Director General of Foreign Trade and Ministry of Commerce. In response thereto, the appellant received a communication dated March 26, 2001 from the DGFT informing him that he was entitled to bring only one firearm into India. The appellant thereafter approached Delhi High Court for quashing the detention order dated October 1, 2000 and the communication dated March 26, 2001 and for direction to the respondents to release his two firearms with a further direction to the District Magistrate (Nainital) to keep the licences of the two firearms detained by custom officials alive till such time the said firearms were returned to him.