Document Fragment View

Matching Fragments

"4.5 Restricted Goods.- Any goods, the export or import of which is restricted under `ITC (HS) classification of Export and Import items' may be exported or imported only in accordance with a licence issued in this behalf.
9
4.7 Licence not a right.- No person may claim a licence as a right and the Director General of Foreign Trade or the licensing authority shall have the power to refuse to grant or renew a licence in accordance with the provisions of the Act and the Rules made thereunder."

14. Section 3(1) of 1959 Act prohibits acquisition, possession or carriage of firearms or ammunition without a licence issued in accordance with 1959 Act and the Rules framed thereunder. Section 3(2) puts ceiling on acquisition, possession or carriage upto three firearms except the category of persons mentioned in sub-section (3). Section 10 prohibits, inter alia, import of arms or ammunition by sea, land or air without a licence issued under the 1959 Act and the 1962 Rules. Section 11 empowers the Central Government to prohibit import or export of arms or ammunition of such classes and descriptions as may be specified in the notification. It is true that prohibition contained in Section 3(1) and Section 3(2) and Section 10 is not attracted against the appellant but that would not entitle him to bring in firearms to the country on transfer of his residence, import of which is prohibited. Under Section 5 of 1992 Act, the Central Government has formulated export and import policy (Exim Policy 1997-2002). Para 4.5 thereof provides that any goods, the export and import of which is restricted under ITC(HS) classification of Export and Import items may be exported or imported only in accordance with a licence issued in this behalf. Para 4.7 of Exim Policy makes a provision that no person may claim a licence as a right and the DGFT or the licensing authority shall have the power to refuse to grant or renew a licence in accordance with the provisions of 1992 Act and the Rules made thereunder. The relevant extract of the ITC(HS) classification in Exim Policy 1997-2002 is as follows :