Postal customs asking for forensic test

[kiran2608]

Hello Guys,

I want to bring it to your notice that one of the our group members Mr Venkitachalam from Kerala, imported and airsoft weapon in parts.

Now the shipment is with postal customs, Kochin. The concerned official calls up our members and asks for the forensic test and other deal wood tests, all expenditures should be bared by our member ( Venkitachalam).

Not knowing what should be done, our member reached the postal customs office and the same official received him and spoke to him with courtesy and politeness with all the rules.

Thinking that its a rule, our member asked him to give all the particulars in writing for which the official denied and asked him to get ready to bare the expenditures of the travel too as the forensic lab is in chennai.

This made our member to think and foul play. He again requested him that he is ready to pay any import duty or any other tax but the official is now stubborn to go for forensic tests.

Venkitachalam is an employee in a small village around 100 KM away from Kochin, still he is fine travelling to attend the customs etc, he is also ready to pay if its on paper and legal.

As we have more experienced members here, I would like to bring this issue to your notice and help him out with legal aspects and rules.

Thanks in advance.

Regards,
KD

[estousandy]

Yes, this is the procedure at cochin customs. They dont ask bribe, they dont need bribe. They'll do this as a template procedure for anything and everything that looks like a gun. Call them up & they will say this on phone. Go meet them & listen to the same thing in person. They'll proudly claim the last person they made to do this got his item cleared only after six months. They'll even brag about a case when one toy was 'proved' to be a firearm at forensics lab & the victim had to transfer test to some other state.

How i know this? I'm a victim too, although partially. That said my spares package is catching dust in a corner of the same office still.

How many parcels were there in total? If many, are they all detained or just one? Also, how was the shipment timed, all at once or one by one? If possible, share more details about origin, item & declared/actual value. It does matter in interesting ways later.

What to do next? Well, the assistant commissioner there is the epitome of lethargy. This person knows airsoft is a toy, the guy confessed atleast that much to me. But since he is not really aware of the powers that come with his designation, he depends only on his team of 3 ill-informed appraisers to arrive at a decision. No wonder it's always against us. Simply put, one of those 3 specimens is behind this. Not much use in talking to them or the station chief.

One option is to send a registered letter with acknowledgement to the Customs commissioner itself, requesting an appointment. In most case, there wont be any reply. After two weeks, call him up on his cell & notify him about the letter. He'll rightaway ask to sms him the internal file number & tracking id. Do it, & he'll send a letter to FPO probing the matter.

What's gonna happen next is FPO will resend a letter stating the forensics test again. From now onward it's uncharted territory to me since i stand exactly at this point. You can try to contact commissioner again about the latest update you got. I kinda abandoned the detained parcel coz i got 75% of the item delivered in multiple other parcels.
Also the FPO people hates me now coz i escalated it. One person even threatened me over phone so mine is a hopeless case.

Whatever be, do not accept the forensics thing coz wait time for result is like 1-2years the last i heard from a customs staff itself. Also there's no guarantee the result will be in our favor. This i say coz i called up forensics, trivandrum & the lady leading the ballistics wing has no idea what an airsoft is. Show her an AK replica & she'll bring the hell on you. Also, forensics lab for kerala region is at trivandrum, not chennai. I don't know why they mentioned chennai. Also, it's not compulsory to take it for lab test as it needs a written request from buyer. They can't force it on him. He can choose to abandon the parcel by not following up further.

If their mood & his time is right, miracles can happen. So all the best.

[ebenezer]

If the package comes to Chennai FSL for the 'test', chances are it might be declared as a 'firearm' by the 'experts' here, as it happened with a Coimbatore based guy who imported a blank gun a couple of months and ended up behind bars.

[AnandNair]

kiran2608.
I had earlier got a letter from chennai postal customs in the same lines. It was for import of a rifle scope from US. (Though i was exempt and can import rifle sights freely). I wrote direct to the director forensics lab in chennai giving out my details as to what are the 'charges involved'.
though your case is different, You may ask them directly too to find out the type of cost involved.
(it is another matter that even after the exemption certificate given by forensic lab itself, the postal customs sat on it for a month before i had to call up a contact in customs who got it released the same day)

[thegunman]

The same problem here, ordered an Airsoft pistol from a Hong Kong based website and the gun has been lying with the customs (Cochin) for the past 2 months. First they sent a reg mail asking for original invoice and payment proof. Then 2 weeks later (yesterday) another reg mail stating that I have to arrange transportation of the gun to Forensic Scientific Laboratory for police clearance.

After reading all the comments and suggestions here, I don't think I'm going to go ahead with it.

[Safarigent]

Anandnair
How are you exempt from the restriction of importing scopes?
Just curious

[ckkalyan]

Quite amazing! Interesting that the customs are asking for a forensic lab's approval! Can someone find out if this is really a requirement to import 'stuff' that these guys seem to zoom in on?

How about this - if the country of origin - exporter, manufacturer, chamber of commerce or some other similar authority certifies that the item is a 'toy' - airsoft, sports & games equipment, non-lethal, blah-blah (add a few more placating, non-explosive words/sentences) along with the shipment, will they allow it through?

Just an idea guys, don't get me wrong, I am simply trying to explore a solution if possible - to bypass these greedy/ignorant/greedy 'babus'.

Anandnair How are you exempt from the restriction of importing scopes? Just curious

Me too - however your avatar wears Camo and uses a rifle sling to fire off bolts / arrows, Hawkeye style - so maybe... ? Just kidding AnandNair !

[estousandy]

It is indeed quite amazing to see how little these staffers know. The reason they gave me as follows:

"they don't know if the parts of the said item can be used in a real firearm since it is 'metal'. 'Only' an FSL can 'verify' that. Customs staff are not trained to do such things and whatever is mentioned on manual, box, origin shop is irrelevant to them as these resemble firearms. To them, it naturally comes under Arms act. Don't try to teach us rules!"

A buyer/importer can't educate them otherwise. They need a DGFT license or police NOC, both almost impossible for such trivial issues. The only other option, albeit a wrong one, is bribe. This particular office isn't interested in that.

[ckkalyan]

Short answer estousandy, well enunciated and perfectly understandable - as an Indian - I do get it! Grrrr...

• Why do you need a scope?
  I can't see very well beyond 10-25-50-100 mtrs, my eyes are weak.
  Get yourself some prescription glasses/lenses, buddy.
  I am wearing them, but still can't see very well beyond 10-25-50-100 mtrs
  Tough luck, buddy!
  How about some binoculars?
  That's okay - sure, go ahead.
  OK - gee thanks - see, I got these recently (they are binoculars except that they can be split and each tube has mounting brackets, they can be broken down into two telescopes (scopes) and mounted on GUNS after I bring them in - they are stuck together with bubble gun - essentially bubble gum, tinted gray/black).
  That's okay - nice pair of binoculars you have there - enjoy!

[thegunman]

http://www.scorpion-airsoft.com/index.p ... cts_id=340

This is the gun I ordered ($100 with shipping), and before placing the order I did ask them how they plan to deal with the strict Indian customs and they said they would disassemble the gun before shipping. It seems that didn't help much. Strange in spite of having all the information as to the source of the item, the payment proof (Paypal transaction details), they are still not convinced. And yesterday when I called the customs office, the man at the other end was very keen on having the forensic test done, he repeatedly said it can be done at a date and time of your convenience and also gave an example of how a parcel had just returned the other day from such a test, but he did warn me you have to bear all the expenses and also pay OT to the escort.

[estousandy]

Wish life here was that simple.

To those who are not sure about the mess this particular office can dish out for the crime of importing airsoft toys, here in order are the love letters they sent me.

[thegunman]

I had just posted the link to the Airsoft pistol I had bought and other details and the moderator deletes it??

[ckkalyan]

My heart bleeds estousandy but I must say I am inrigued by that Automatic Electronic Rifle that the Babus describe on the form - would love to have one of those! Does it come with a remote control fob??

The closest I got to one was - it was not 'automatic' the rest was true - electronic, rifle! It was a muzzle loader though, a CVA Electra - I had the good fortune of firing it at Mark's place in MIchael, IL USA. Link here http://indiansforguns.com/viewtopic.php ... 60#p177854 GREAT Fun!

[estousandy]

An M134 Minigun can be classified under Automatic Electronic Rifle or AER(recently cooked up). Electronic coz there will be a electronic motor control circuit in that particular weapon.

What it has to do with my innocent items, i'll never know. But i guess the manual that the online store kept with the package to 'help' me assemble it (without informing me), sealed the fate for me. For some reason, the clueless chinese used the words "Automatic Electric Rifle" on the manual in big letters instead of AEG. Electric became electronic when the equally(or more) clueless Indians copied it into the first love letter.

The person mentioned in the OP might have got one or maybe first two of these letters. I've more such letters born from this ongoing relationship with some unflattering humans(?) in that office, but they wont be relevant here.

sandip

[AnandNair]

Anandnair
How are you exempt from the restriction of importing scopes?
Just curious

I am exempt as per Entry No 8, Schedule II of GSR 991. . I also got a reply from Dy Dir, Forensics, confirming the same. but sill the postal customs sat on it. Explanation given for delay.... the customs dealing officer was on leave