CUSTOMS CIRCULAR No.30 Dt-22nd May/2001.
Posted: Mon May 05, 2008 3:43 pm
The under signed is directed to refer to the Ministry's letter F.No.497/57/87-Cus.VI,Dated.5.1.88. (copy enclosed) on the above subject, wherein it was clarified that firearms allowed to be imported into India shall not be transferred to any person during the lifetime of the importer for consideration or otherwise.Recently,a request was recieved in the department from a passenger (who had earlier been allowed in 1990 a fire arm import on appropriate duty) to be allowed to dispose off the firearm as he had become old & sick and wanted to spend money recieved from sale of firearm for maintaining his health/ cost of living. On refusal of his request the matter was taken by him to Delhi High Court where the policy of the Govt. on disposal of firearms during the lifetime or later came uo for review. The Govt. was asked by the Hon'able Court to clarify its disposal policy especially after the demise of the person, If the firearm was not permitted to be disposed off during the lifetime of the firearm owner. The Ministry of Home affairs who were consulted has clarified & this was brought to the notice of the Hon'able Court that disposal of firearms after the demise of the person may be allowed in the following manner :-
(i) By transfer to the legal heirs; and
(ii) By sale of arm by the legal heirs to a licence holder or arms dealer.
The Hon'able Court has taken a note of the Govt's. policy clarification and rejected the request for disposal/transfer of firearm to any other person as made by the petitioner.
You are requested to bring the above position to the notice of all concerned. No disposal of Customs cleared firearms be permitted during the lifetime of the owner, But after the demise of the person concerned, the disposal/transfer be permitted as per above mentioned latest clarification of Home ministry.
Sd/-
(Dr.Vinayak Prasad)
Under Secy, to the Govt. of India.
Since i have recd the copy of this order from a friend, I shall post the link to this topic soon.
HK,
(i) By transfer to the legal heirs; and
(ii) By sale of arm by the legal heirs to a licence holder or arms dealer.
The Hon'able Court has taken a note of the Govt's. policy clarification and rejected the request for disposal/transfer of firearm to any other person as made by the petitioner.
You are requested to bring the above position to the notice of all concerned. No disposal of Customs cleared firearms be permitted during the lifetime of the owner, But after the demise of the person concerned, the disposal/transfer be permitted as per above mentioned latest clarification of Home ministry.
Sd/-
(Dr.Vinayak Prasad)
Under Secy, to the Govt. of India.
Since i have recd the copy of this order from a friend, I shall post the link to this topic soon.
HK,