My imported knife is under customs, how to get it back?

[krishnampkkm]

Hello,
I've ordered a knife from ebay.com. and it's shipped from China. Now it has reached foreign post office in Chennai. I received a letter from post office-customs department to collect the parcel. When I went there, they asked the purpose of this knife. I replied that, "I usually go trekking, camping etc and I will use this as survival knife". Then, the customs authorities told that, if I use that knife to kill some one, their department will dismiss them. So they can't hand over the knife to me. And asked me to produce the NOC from local police station. I am native of Kerala, and if I go Police station in Chennai, definitely police may ask bribe also don't know whether they will issue NOC or not. It's a small pocket knife, "Buck Outdoor Folding Tactical Saber Hunting Camping Survival Knife Pocket K18"

Here is the link to the item. http://www.ebay.ca/itm/Buck-Outdoor-Fol ... 1138915484

total length = 21 cms
blade length = 9.5 cm
blade width = 2.6 cm

I want to know that, is that really can't import to India for an individual?

thanking you
Krishna.

[farook]

The arms act is Very clear on this, any sword over 9 inches long, 2 inches wide with a blade on one side needs a license.

[krishnampkkm]

Hi,

It's a folding pocket knife. The blade length is 3.75 inches and blade width is 1 inch, total length will be 8.26 inches. What should I do now, need to apply for an NOC?

Thanks
Krishna.

[farook]

Nothing to the best of my knowledge. He has no reason to hold it back. If he insists just give him the noc

[mundaire]

IIRC the restriction applies to a blade size of over 9" length and 2" width and even then it DOES NOT APPLY to ANY agricultural or domestic implement. Anyhow, the main thing is to find out whether the Central Government has issued any notification under Section 4 of the Arms Act, placing any additional restrictions in your area of jurisdiction on "Arms other than firearms". If so what those restrictions are and whether or not they are applicable to your knife.

The verbally offered reasons supplied by the customs are not worthy of any comment.

If I was in your place, I'd just send them a letter clearly stating my end use and requesting them to release the same or if they decide to confiscate it - to supply reason for doing the same. They'll either let it go (which would incidentally be legally correct) or confiscate it and supply reasons for the same, which would allow you to appeal the matter to the higher authorities. How do you think Victorinox/ Muela import knives if they are illegal? Or for that matter how are the zillions of Chinese made knives of every shape & size sold all across the country imported into India if it is illegal?

I smell an attempt at squeezing out a bribe!


Cheers!

[farook]

I smell an attempt at squeezing out a bribe!


Cheers!

Had I used this word my post would have been moderated. Now that it has been used here is an example. Last week a client of mine got in a sword from china. It was held at the customs in Mumbai and officer started with his usual hard talk. Arms act section ***** ***** **** . I would arrest you confiscate the sword, your in violation of the arms act. jail term blah blah blah. *** moderated ***

Last week two cops came to my store, do you keep any swords, we are from the station out side the central jail, what is that there. I pulled out my cell phone and showed them a phone number, they walked out quietly.

If you seem weak they really take you for a spin, pretty much like those rowdy's, pay the hafta or you would face the consequences....This is just one of the reasons why NRI don't want to come back to India, Corrupted Administration...

[mundaire]

Farook, you seem to have missed the point about WHY posts get moderated! A crooked official expecting/ demanding a bribe will not get nixed. HOWEVER, if you admit to/ encourage paying a bribe that will get moderator attention. We DO NOT SUPPORT OR ENCOURAGE anyone indulging in corrupt practices. Please try and understand the difference.

Sent from my ST27i using Tapatalk

[krishnampkkm]

Hi,

Anyway, I'll try to get an NOC. Later I will meet the customs again.

thanks
Krishna.

[kalashnikovcult]

Looking at the cost ..is it worth taking all the pain ?

[farook]

Looking at the cost ..is it worth taking all the pain ?

That set aside your signature needs a correction


If all other means of addressing a wrong have failed, then using a sword is pious and just.

Zafarnama, guru gobind Singh Ji

[krishnampkkm]

hi,

First I thought that, it's just 850 rs. If customs authorities do not give that, I will ignore it. But now it seems, I have to give a try to get it back (if possible)

thanks
Krishna

[TC]

hi,

First I thought that, it's just 850 rs. If customs authorities do not give that, I will ignore it. But now it seems, I have to give a try to get it back (if possible)

thanks
Krishna

Krishna,
I am not asking you to do what I am saying but this is what I would have done if I were you.

I would get a lawyer who is well aware of the Arms Act and Customs regulations and serve a legal notice on the Customs seeking an explanation for stopping a consignment that does not violate any law of the land and asking them why a police case should not be started against them for harassing a law abiding citizen.

That knife does not violate any law or section of the Arms Act.

TC

[surajshuresh]

hi,

First I thought that, it's just 850 rs. If customs authorities do not give that, I will ignore it. But now it seems, I have to give a try to get it back (if possible)

thanks
Krishna

Krishna,
I am not asking you to do what I am saying but this is what I would have done if I were you.

I would get a lawyer who is well aware of the Arms Act and Customs regulations and serve a legal notice on the Customs seeking an explanation for stopping a consignment that does not violate any law of the land and asking them why a police case should not be started against them for harassing a law abiding citizen.

That knife does not violate any law or section of the Arms Act.



TC

I would double that i would not give in and i think even you should not as long as your are with in the frame work of the law there is nothing to be afraid of mate... god knows what nonsense i get for the customs when i land with my tr firearm in two weeks time mate...

[kalashnikovcult]

Looking at the cost ..is it worth taking all the pain ?

That set aside your signature needs a correction


If all other means of addressing a wrong have failed, then using a sword is pious and just.

Zafarnama, guru gobind Singh Ji

You are right farook however in a battle a man can retreat and then strike back with force when he is ready. Today we are encouraging him to get into a legal battle. How many of us will standby him and assist him when he needs help ?

If he is ready to face whatever is coming ..its fine ..once we are at war then we just fight ..regardless of the outcome. My opinion is to avoid getting marked and continue what we have to.

[krishnampkkm]

I went to the local police station, where I live in Chennai. The inspector told that nowadays they are not issuing any kind of NOCs. Also told some lame excuses like if I use that knife to kill others/our self etc etc.... At last, I said thanks and came out of the station.