40. Scrutiny by authorities of consignments containing arms and ammunition
(1)(a)(i)Where a package or case containing arms or ammunition is brought for export and transport, to a railway authority or shipping agent or a master of vessel or air carrier, the latter shall, before receiving the articles for despatch or despatching them, verify that they are accompanied by the original licence in the case of export or an attested copy of the licence in the case of transport or of export for re-import.(ii)Where a consignment is received after import, or transport, by an authority at a port checking import or by a railway authority, such authority shall require the production of the original licence before delivering the consignment.(b)Where arms or ammunition consigned to an area not on the frontier of India are imported, or where a consignment of arms or ammunition is exported, by land or river, the District Magistrate having jurisdiction over the area in India into or out of which it crosses the frontier of India or an officer appointed by him in this behalf shall require the licensee to produce original licence and may, in his discretion, require the licensee to produce the arms or ammunition for his inspection before allowing the articles to leave the area.(c)The aforesaid authority shall satisfy himself(i)that the licence accompanying the consignment or produce by the licensee is identical in substance with the copy sent to him; and(ii)that the arms or ammunition correspond with the description given in such licence.(2)Where in any case referred to in sub-rule (1)(a)the original licence is not produced by the consignee or the original or attested copy of the licence does not accompany the case or package, as the case may be,or(b)the licence is not identical in substance with the copy sent to the authority, or(c)the arms or ammunition do not correspond with the description given in such licence, the authority shall not receive the articles or despatch or allow the articles to proceed further or deliver the consignment, as the case may be, and shall, in case he is not a Magistrate, forthwith inform the nearest Magistrate.
