ANIRUDH SINGH KATOCH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner in this case is challenging the action of the respondent No.3 in giving custom clearance in respect of one fire arm only and detaining two other firearms. The reason given by the respondents is that as per Baggage Rules, 1998 , the petitioner could be permitted only one firearm on transfer of his residence. His case is that he holds three valid licences with respect to three firearms as required under the Arms Act, 1959 and on transfer of his residence as per Baggage Rules, 1998 a person holding a valid licence to possess arms in India ought to be permitted to bring into India all three firearms and there is no such restriction to carry one firearm only.

(2.) The petitioner claims to be a respectable Indian citizen and the grandson of Sh.Rai Bahadur Beni Chand Katoch, who was the Inspector General of Prisons (Northern India). He had gone to the USA for the purpose of his studies in the year 1984 and after obtaining degree of B.S.(Computer Science) with Honours from the Seattle Pacific University from Washington, USA, he starting working in the USA with M/s Quinton Instruments, a medical instrument firm. He was a Non-resident Indian since 1984. In the year 1999 he married in India to an Indian girl and his intention was to go back to the USA with his wife. However, owing to serious illness of his wife requiring a kidney transplant, his wife did not wish to say in the USA and desired to settle down in India. The petitioner thereafter decided to return to India for good and transferred his residence in India.

(3.) The petitioner states that as he was an enthusiast sport shooter, he applied for and obtained licences in India. The petitioner was a frequent visitor of gun ranges, such as the Renton Fisheries and Game Park shooting range, Bellevue shooting range etc. in the USA. He used to practice the sport of shooting, trap skeet etc. in shooting ranges and other such clubs. The licences obtained by him were under the Arms Act, 1959. He had also obtained licences for possession of firearms in the USA. On 1/10/2000 when the petitioner wanted to bring his firearms to India while transferring his residence to India, he consulted the Indian Consulate in San Francisco, USA to apprise himself of the Rules and Regulations and facilities available to him under the transfer of residence and sought their advice regrading the import of his three personal firearms of non-prohibited bore. He was informed by the Indian Consulate that he could take back the three firearms as baggage subject to condition that he had been issued valid firearms licences by the Indian Government. However, on arrival at the Indira Gandhi International Airport with his baggage and firearms, he was told by the custom officials that he was permitted only one firearm under transfer of residence rules and he had to obtain firearms Import licence for the other two from the Director General Foreign Trade. All the three firearms of the petitioner were detained by the respondent no.3. The only reason given on the said order of detention for such detention was "detained for the clearance as per Rules".