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Government of India
Ministry of Finance
Department of Revenue
Central Board of Excise & Customs
(Anti-Smuggling Unit)
Instruction No. 13/2017- Customs
New Delhi, dated 27th September 2017
To
All Principal Chief Commissioners/Chief Commissioners of Customs / Customs
(Preventive),
All Principal Chief Commissioners/Chief Commissioners of
Customs & Central Tax/Central Excise,
All Principal
Commissioners/Commissioners of Customs / Customs (Preventive),
All Principal
Commissioners/Commissioners of Customs & Central Tax/Central Excise,
The
Director General, Directorate General of Revenue Intelligence
Subject: Illegal import of fireworks/crackers – Judgment dated 12.09.2017 of the Hon’ble Supreme Court in Writ Petition (Civil) No.728 of 2015 – reg.
Madam / Sir,
The Directorate of Revenue Intelligence has been, from time to time, issuing
alerts regarding sensitization of officers and taking suitable measures to
ensure prevention of illegal import of fireworks/ crackers of foreign origin.
2. In this context, attention is invited to the Judgment dated 12.09.2017 of
the Hon’ble Supreme Court delivered in I. A. No. 52448 of 2017 in Writ Petition
(Civil) No. 728 of 2015 in the matter of Arjun Gopal & ors. Vs UOI & ors. The
Apex Court, in the said matter, has inter-alia directed the Union of India to
take action as under:
“The Union of India will ensure strict compliance with
the Notification GSR No. 64 (E) dated 27th January, 1992 regarding the ban on
import of fireworks. The Union of India is at liberty to update and revise this
notification in view of the passage of time and further knowledge gained over
the last 25 years and issue afresh notification, if necessary.”
2. The Department of Industrial Development (now Department of Industrial
Policy & Promotion), vide Notification G.S.R. No. 64 (E) dated 27.01.1992
prohibited the manufacture, possession and importation of any explosive
consisting of or containing sulphur or sulphuret in admixture with chlorate of
potassium or any other chlorate.
3. The import of fireworks is
‘restricted’ under ITC (HS) and requires an import licence from the DGFT.
Further, till date, no license to import fireworks has been granted for
possession and/or sale under the Explosives Rules, 2008 by Petroleum and
Explosives Safety Organization.
4. In view of the above, it is requested
that the officers under your jurisdiction may be suitably alerted and
appropriate measure may be taken to ensure strict compliance with the
Notification GSR No.64 (E) dated 27.01.1992 regarding the ban on import of
fireworks.
F. No. 394/150/2014-Cus (AS)
Yours faithfully,
(Rohit Anand)
Under
Secretary to the Government of India
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