Importing Swords to India -- need your suggestions/help

[d_koushik1942]

Hi,
Recently I have bought 3 swords from a website and they were shipped to India via UPS. Now, customs in Mumbai airport raised objection, classified the goods as CTH 930700 (SWORDS,CUTLASSES, BAYONETS, LANCES AND SIMILAR ARMS AND PARTS THEREOF AND SCABBARDS AND SHEATHS THEREFOR). This category, as per customs, is Free and not "restricted or prohibited".
The customs rule also says "Import subject to the condition that the requirements specified in the MHA Notification No. S.O. 667(E) dated 12.09.1985 and Notification No. S.O. 831 (E) dated 2.8.2002 are fulfilled and also that the purchaser/user of these items shall obtain requisite user license from the competent authority under the provisions of the existing Arms Act, 1959."

Now, as per my understanding no license is required to possess a sword. Moreover, the ones that I have bought are unsharp ones. Now where shall I get a license from for a sword while no license is required for them.

I am from Kolkata and here, Arms Act Department, Kolkata police issues all types of Arms license. I checked up with a martial art school here which trains people fighting with swords. They said Kolkata police told them no license is required for swords and so they arranged a letter from the police saying that they have no objections and that's what they are treating as license for swords.

I am not an expert of Arms Act 1959 or Arms Rule 1962. Just know a little bit as I read these because I have a strong passion for Arms especially medieval replica swords. This is the only forum in India for Arms enthusiasts. So, I earnestly seek your guidance and valuable suggestions. Do I need to go to the court?

[Rajat]

These are just classified as the CTH ----------- as per the homogenized classification system. There are HS codes for near about every product. But this does not mean that you can do so without meeting the conditions or get prior clearance or permission from the concerned authorities.

Swords or any edged weapon longer than 9" is covered under the arms act and requires clearance from the authorities. You should have checked before importing.

If you get a NOC from Kolkata police, which is highly unlikely, then you may get these released from the customs. Otherwise go through the licensing procedure. I do not think going to the court will be of any help. Your application will be rejected as your stand is not right.

In the first place what made you believe that a license is not required for swords? Did you check?

See: http://www.abhijeetsingh.com/arms/india ... ule_I.html

I guess you came to this forum late, You should have been here BEFORE importing.

The above might not be true in the absolute sense and is based on my understanding of the system. I am sure you will get advice from other members too.

[goodboy_mentor]

If there is no notification issued for your area under Section 4 of Arms Act 1959, there is no need of license for arms other than firearms. Please read Section 4 of Arms Act 1959 and Rule 19 of Arms Rules 1962. Therefore if Kolkata Police has given NOC, it should not come as a matter of surprise.

Even NOC is not required if there is no notification under Section 4 of Arms Act 1959. NOC read with Section 4 of Arms Act 1959 and Rule 19 of Arms Rules 1962 should clear the confusion from minds of Customs. Just make them read and understand this and it should solve the problem.

[Rajat]

The above might not be true in the absolute sense and is based on my understanding of the system. I am sure you will get advice from other members too.

If there is no notification issued for your area under Section 4 of Arms Act 1959, there is no need of license for arms other than firearms. Please read Section 4 of Arms Act 1959 and Rule 19 of Arms Rules 1962. Therefore if Kolkata Police has given NOC, it should not come as a matter of surprise.

Even NOC is not required if there is no notification under Section 4 of Arms Act 1959. NOC read with Section 4 of Arms Act 1959 and Rule 19 of Arms Rules 1962 should clear the confusion from minds of Customs. Just make them read and understand this and it should solve the problem.

See what I mean! I was waiting for some one to come up and give you a precise interpretation and I am not surprised that it is GBM, in fact I was expecting it.

@ GBM its really a pleasure having you with us on this forum. Thanks for offering all the advice and interpretations. I for one appreciate it and hope that it is continued on a regular basis.

[goodboy_mentor]

Thank you. Of course it will continue on a regular basis, and if for some reason it happens that I have not replied to any particular question, to get my attention to the thread or question, everyone should feel free to contact me via PM.

I would like to add one more point to my reply in previous post above, Category V in Schedule I of Arms Rules 1962 that mentions about blades longer than 9" or wider than 2" should not be confused with the powers delegated by Parliament to the government to issue notification under Section 4 of the Arms Act 1959. There was a case that went all the way up to the High Court because of a notification by the Rajasthan Government about blades more than 10, 16 cm(I do not know what this weird combination of 10, 16 cm stands for). Luckily that person happened to be one who believed in a particular religion, therefore he was acquitted because of Article 25 of the Constitution. The judgement can be read at http://www.indiankanoon.org/doc/1009156/

[d_koushik1942]

Hi Rajat, GBM, Thanks a lot for your replies. Yes, I am new to this forum. I tried to convince the customs with the Section 4 of Arms Act 1959 and Rule 19 of Arms Rules 1962. But they sticked to the license requirement. I also tried requesting them to reclassify the swords as Collectors' Pieces of historical importance CTH 9705 as the swords are replica of historical swords. The customs didn't agree as well citing "general rules of interpretation of classification the heading which provides the most specific description shall be preferred to headings providing a more general description". Then I applied for a license at Arms Act Department of Kolkata Police and got a received copy of the application with Arms Act Department's stamp. Since getting the license will probably take weeks / may be months, so I made a last attempt by sending the scanned copy of the stamped application copy to the customs saying that I already have applied for the license and requested them to consider releasing the goods. I also mentioned to give a personal written guarantee that in case the license is not granted then I shall submit the swords to the nearest police station. I am waiting for response from Mumbai customs.
Is there anything else, I can do at this stage? Kindly provide your valuable suggestions / comments. Shall I also send the same documents (stamped copy of application) to the courier (UPS) so that they also provide the same to the customs?

[goodboy_mentor]

Customs are right in not classifying the swords as Collectors' Pieces of historical importance under CTH 9705 since there is a specific law i.e. Arms Act 1959 to deal with arms.

But why are you making the matter complex and problematic for yourself by needlessly applying for arms license in the first place and sending scanned copies of same when you are not required to get an arms license in the first place and also giving needless "guarantees"? You are unnecessarily falling into the trap and quagmire created by the confusion of customs. When Arms Act 1959 is very clear why are you falling prey to the whims of customs and going to Kolkata Police for arms license and giving commitments which you are not required to give. When you have already voluntarily given written commitments, why don't you want to honor them now?

You may try this. Don't do anything verbal, do everything written in a logical and reasonable manner and get stamped and signed acknowledgement on copy of the same. Submit a written application to the office of their most senior officer(Deputy Commissioner/ Commissioner or whatever it is)that your goods(swords) are not being released and arms license under Section 4 of Arms Act 1959 is being demanded for their release when no license is required by applicable law i.e is Section 4 of Arms Act 1959 and Rule 19 of Arms Rules 1962 and that is why NOC has been issued by Kolkata Police. Attach the copy of NOC alongwith. In other words if there is no notification in force for issuing license for non firearms under Section 4 of Arms Act 1959 for Kolakata area, the Licensing Authority for Kolkata area has no legal authority or legal requirement to issue an arms license under Section 4 of Arms Act 1959. If Customs is aware of such a notification in force that has been issued under the Section 4 of Arms Act 1959 for Kolkata area that says arms licenses required for non firearms, they provide you with copy of the same, else release your goods without delay.

If you are located at Kolkata, may also try exploring the option of getting the goods transported to Kolkata office of the Customs. Since it would be near to your location, it would be convenient for you to deal with them.

[d_koushik1942]

Dear GBM, thanks a lot for the valuable suggestion. I shall try to get a NOC from Kolkata police. I shall keep the forum posted about the outcome.

[Rajat]

Hello,

I am not much into the intricacies of law and usually go by the 9 x 2 inch rule whenever some one asks me but I trust Goodboys advice, have made a note of the relevant sections myself .

As already suggested the first step will be to get the NOC from the Kolkota police. But here is the contradiction: you had yourself pointed out in your last post that the kolkata police had issued someone a NOC then why did you apply for a license when it is not needed in the first place as they will not issue a license in this case.

Anyway first of all get the NOC, if you cannot get a NOC for yourself then get an attested or notorised copy of the NOC from the martial arts school. If it applies for them then it is valid for you too. Then proceed to the commissioner customs office armed with it. As suggested by GBM since Kolkata already has a FPO try to get your consignment it transferred there,it will be very convenient.

Assuming that you are communicating with the Mumbai customs and you based in Kolkata then send all communication via Govt. Registered post or speed post so you have receipts and proof of delivery of your letters.

This should work and if it still does not work then you might also consider putting up applications under the Right to Information Act asking for specific reasons and laws under which your consignment is being retained.

Putting up points like: On the xx-xx-2012 you had sent a letter to the commissioner of customs explaining why these are not covered under the Arms act and had provided a copy of the NOC. Then what are the reasons for the delay?

Etc Etc.

Although it might take up to a maximum period of 2 months (as after this it will go to the CIC which they would not want) which might mean a first appeal to the first Appellate authority (usually the top officer in the dept.) but they will have to either release your swords or give you a very valid reason as to why they are retaining them.

Let us know how it goes.

Do post pictures once you get them but in the meantime post the links telling us what exactly are the contents of the consignment so we may also discuss the swords.

[goodboy_mentor]

Yes your idea about RTI makes sense and I got another idea after reading your reply. If Kolkata Police is willing to give NOC and writing in it that arms license is not required since Notification for the same under Section 4 of Arms Act 1959 is not issued for Kolkata area, his problem in all likelihood should get solved. But if for some reason they are not willing to give NOC, he can inquire from the Arms Act Department in Kolkata Police Head Quarters, if Notification asking for arms license for non firearms under Section 4 of Arms Act 1959 is in force for Kolkata. If the answer is no, just do an RTI with them for the same question to get same answer in writing. Copy of the same can be sent to Customs instead of NOC.

[taha_mys]

I am caught in a similar problem ,I had a knife imported from China with non sharpened blade with a length of more than 9 Inches ,which University security caught during a check in my hostel room.I had posted the intent of importing such knives on IFG before Buying these which I can corroborate with atleast two more incidences where I have stated the purpose to be ceremonial .I was possessing this for over a month since it arrived.The reason for possessing for such knive was purely ceremonial and religious-but they are saying that the knife blade was too big to keep which again itself depends upon the understanding of the Islamic Jurisprudence.The Sikhs are allowed to keep daggers though.
Currently my Laptop and cell Phone have been taken away that I dont know why by the concerned authorites of the Indian University I am in.I am depressed and cant focus on studies!
What could be whole understanding of the case by the security(authorities) !
What could be the outcome ?
Why is it that knive laws in India are so hazy!

[goodboy_mentor]

What could be whole understanding of the case by the security(authorities) !

Probably they think you have violated university rules/regulations and Arms Act 1959.

What could be the outcome ?

Disciplinary action as per university rules and/or case under Arms Act 1959. If the matter is not reported to police then better get the matter diffused and settle it amicably with the university.

Why is it that knive laws in India are so hazy!

They are not hazy if you carefully read Section 4 of Arms Act 1959, Rule 19 of Arms Rules 1962 and Section 25(1)(b) of Arms Act 1959.

[Mozzad]

Sirs,

I tried to read the Arms Act of 1959 and amendments of 62. Could the experts here say if I am right or not?

1) A blade with dimensions more than 9x2 inch needs license?From whom?
2) If I bring a sword with me from USA in checked in baggage, would the customs people keep it?As the above guys experience, the sword is a sharpened katana
3) Anything I can do in advance such as fill some form or contact any agent?

Thank you sirs!

[arashikage]

Hi I recently purchased a sword replica from Amazon International, its a false-edged stainless steel constructed sword, made by United Cutlery. The seller shipped it and stuff, but before the shipment left the US, it was termed a dangerous good and i was refunded my money. Now my question is, is this really a dangerous good under classification or have they screwed me over without fully understanding its just a display sword? and is there any way i can get these swords to India? I wanna collect these but looking at these bullshit policies i don't know if i will be able to. Any guidance on how i can buy these hassle-free?