What is the procedure to buy Imported Pistol in India? Pls let me know the government rules and custom rules ?
At the moment for "ordinary" citizens it is just a dream, a long battle ahead, unless you are a "renowned shot" or Indian citizen returning to India under transfer of residency. Firearms have been put on restricted list of EXIM Policy formulated under The Foreign Trade (Development and Regulation) Act,1992. Some dedicated members on this forum are thinking of challenging this in High Court. Please join hands with them and try to help in every possible way, refer viewtopic.php?f=4&t=12472
In Section 5 of The Foreign Trade (Development and Regulation) Act,1992, Parliament has delegated authority to the executive to formulate and announce, by notification in the Official Gazette, the foreign trade policy.
The following points of law arise:
1)In Arms Act 1959 Section 10, sub-section 1, clause a), the Parliament has clearly allowed the import of firearms by the arms license holders without a license for importing them. In Sections 11 and 12 Parliament has specifically provided for the regulation of the import and export of arms.
2)In Section 5 of The Foreign Trade (Development and Regulation) Act,1992, Parliament has delegated authority to the executive to formulate and announce, by notification in the Official Gazette, the foreign trade policy.
Now question arises, can the executive by creating a "policy"(using delegated powers under Section 5 of the The Foreign Trade (Development and Regulation) Act,1992) undermine the intention of the Parliament that has been clearly expressed in the Arms Act 1959 Section 10, sub-section 1, clause a)?
Supreme Court, in the case of Suresh Nanada Vs C.B.I 2008 AIR 1414 held that: The Act (Passport Act) is a special Act relating to a matter of passport, whereas Section 104 of the Cr.P.C. authorizes the Court to impound document or thing produced before it. Where there is a special Act dealing with specific subject, resort should be had to that Act instead of general Act providing for the matter connected with the specific Act.
As the Passports Act is a special act, the rule that ‘general provision should yield to the specific provision’ is to be applied.
In view of Suresh Nanada Vs C.B.I 2008 AIR 1414, in my opinion Exim Policy should have yielded to specific act of Parliament i.e. Arms Act 1959 was passed to co-ordinate the specific fundamental rights of citizens, i.e. the right of self defense guaranteed under Article 21 of Constitution and the Right to Keep and Bear Arms guaranteed under Articles 19 and 21 of Constitution
. This can be ascertained by reading the related objectives of The Indian Arms (Amendment) Bill (No.49 of 1953), which became the Arms Act 1959:
"(ii) that weapons for self-defence
are available for all citizens
under license unless their antecedents or propensities do not entitle them for the privilege;
(c) to co-ordinate the rights of the citizen
with the necessity of maintaining law and order and avoiding fifth-column activities in the country;"
In my view delegated powers are to be interpreted as strictly as possible, consistent with the words, and rights as broadly as possible, with the presumption in favor of the right, and the burden of proof on those claiming a power. In cases of doubt, the presumption is not in favor of a power. Let us see what the courts have to say.
All things are subject to interpretation whichever interpretation prevails at a given time is a function of power and not truth. - Friedrich Nietzsche