Indian Kanoon - Search engine for Indian Law

5 28, 29, Special Prohibited/ Exports governed as per 30, 35, Chemicals, the conditions indicated 36, 37, Organisms, Restricted/ in Appendix-III of this schedule. Further where 38, 39, Materials, Free no specific conditions as 40, 48, Equipments & at category 2 to 7 are 49, 59, Technologies enumerated, licence shall 69, 70, (SCOMET) goods be required.

24. In my view, this contention is unmeritted. Entry no. 5 provides that Special Chemicals, Organisms, Materials, Equipments & Technologies (referred to as 'SCOMET goods') as specified in Appendix 3 would be either prohibited, restricted or free.

25. Concededly, Appendix 3 does not contain the item of bullet proof vests. It is contended that Appendix 3 includes category 6, which is reserved for munitions list and the same is yet to be finalized. The respondent contends that munitions list would be notified by the DGFT following the decision taken by the Government at an appropriate time.

26. Thus, admittedly, bullet proof vests are not included in the SCOMET list as yet. In the circumstances, I am unable to accept that the FTP, in any manner, restricts export of bullet proof vests. In any event the impugned circular does not purport to notify any item of SCOMET list but seeks to restrict items, which are apparently considered as 'military stores'.

27. Before concluding, it would also be necessary to observe that it is not disputed that bullet proof vests are freely importable in the country. In the circumstances, it does not stand to reason to read in any restriction for export of such items in the FTP.