JAGDEV DAMODARAN Vs. DEPUTY COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking direction to the respondent to release the goods to the petitioner detained as per Ext.P1 detention receipt dated 08.11.2016, and for other related reliefs.

(2.) Petitioner is a Non-Resident Indian. While returning to India, petitioner carried a few items including a 'drone' which is meant for use in petitioner's Photo Studio in Ernakulam. On arrival in India, petitioner made true declaration regarding presence of Drone. But, alleging that import of drone is prohibited, the same is detained by the respondent on 08.11.2016, as per Ext.P1. Though petitioner made a request as per Ext.P2 dated 20.12016, for release of drone, respondent is forcing the petitioner to re-export. Though as per Ext.P3 dated 27.07.2016 drones are brought under restricted category, such goods are not prohibited to import. As per Sec. 80 of the Customs Act, 1962, goods which are prohibited alone can be detained. It is submitted by the petitioner that, drones are available even online shopping, and large number of engineering students are assembling drones as part of their project during their study. Drones are generally permitted as long as they fly over private property. If anyone wishes to fly drone over public property, permission should be obtained from the local authorities. Till Ext.P3 notification, there was no restriction to import drones. It is also stated, there is no notice or information given, regarding the restriction or prohibition to import. According to the petitioner, the entire actions of the respondent are illegal and unsustainable under law, and therefore, the respondent may be directed to release the goods detained as per Ext.P1.

(3.) Respondent has filed a statement and among other contentions, it is stated that, petitioner on his arrival on 08.11.2016 brought one Drone along with his personal baggage. The Ministry of Commerce & Industry, Department of Commerce, Directorate General of Foreign Trade, vide Notification No.16/2015-2020 dated 27.07.2016 (Ext.P3) has introduced policy condition for import of Unmanned Aircraft System (UAS)/Unmanned Aerial Vehicle (UAVs)/Remotely Piloted Aircraft (RPAs)/Drones as "Restricted". The Policy Condition 'Restricted' is defined under ITC (HS), 2017, Schedule I - Import Policy as items, import of which is permitted under an Import Licence/Authorization/Permission granted by the Director General Foreign Trade (DGFT). It further stipulates that Application for import of 'Restricted' items may be made in ANF 2B, as per detailed policy/procedure prescribed in Chapter 2 of FTP and HBPvI. Further, as per Notification No.16/2015-2020 dated 27.07.2016, import of "Drone" require prior clearance of the Directorate General of Civil Aviation and import license from DGFT.