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10. The case set up by the respondents, on the other hand, in the counter affidavit is that provisions enumerated in the Arms Act, 1959, Rules made there under and the Baggage Rules, 1998 framed under Section 79 of the Customs Act, 1962 regulating the import of firearms are not exhaustive but are supplemental to other applicable laws. It is stated that import of firearms is also governed by the Export and Import Policy (EXIM Policy) as laid down by the Director General of Foreign Trade (DGFT), Ministry of Commerce. Moreover under Sections 3 and 5 of the Foreign Trade (Development and Regulation) Act, 1992, the Central Government can make provisions prohibiting, restricting or otherwise regulating the export and import of goods. It is pointed out that import of firearms is prohibited under Rule 8 of the Baggage Rules, 1998 and the EXIM Policy 1997-2002 laid down by the DGFT. Firearms fall under the restricted category of import policy as mentioned in the ITC(HS) classification and as such import of firearms is not permitted except against an import license issued by the DGFT to renowned shooters/rifle clubs for their own use on the recommendation of the Department of Youth Affairs and Sports or the Licensed Arms Dealers. It is further explained that although import of firearms is not permitted as per the aforesaid import policy the Ministry of Finance under instructions dated 5th January, 1988 has allowed import of one firearm of permissible bore by persons transferring their residence to India subject to certain conditions. Pursuant to the said instructions, one firearm is allowed under the "Transfer of Residence Form Revision" to persons concerned under the Circular dated 63/95 Cus. dated 7th June, 1995. The relevant portion of this Circular dated 7th June, 1995 is as under:

13. Thus, it is clear from the reading of the aforesaid provisions that as per Section 3 of the Arms Act, a person cannot carry arms unless he is having a valid license and no person could hold license for more than 3 arms. Likewise, a person would not be allowed to bring into India any firearms unless he has a license. As pointed out above, these Sections are in negative terms and reverse would not be automatically true, namely, a person would as a matter of right be allowed to bring the firearms into India if he is the holder of license. Whether a person is to be allowed to bring in firearms into India would be governed by the relevant provisions as rightly suggested by the respondents. As per the Baggage Rules, free duty import of firearms is not permissible. That is the only conclusion which can be drawn from the reading of the aforesaid Rules. However, whether import of a particular item is to be allowed or not is governed by Imports and Exports (Control) Act, 1947. As per EXIM Policy 1997-2002 firearms fall in the restrictive category of Import Policy as mentioned in the ITC(HS) classification and as such import of firearms is not permitted except against an import license issued by the DGFT. Similarly under the Imports (Control) Order, 1955 issued by the Central Government in exercise of its powers conferred by Sections 3 and 4(a) of the Imports and Exports (Control) Act, 1947.