Petition in Delhi HC after ‘imitation’ guns seized, makers say not real weapons

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The “guns” have a trigger mechanism which makes a noise, but does not have any firing chamber or mechanism by which it can actually be used as a firearm, the company claimed. According to the plea, a consignment of 225 items, including “paperweight” hand grenades, antique pistols, flintlock guns, pre-1898 rifles and carbines were imported from Spain earlier this year, with a bill of entry filed on January 12.

However, the customs officials refused to clear the consignment, even though no orders had been given to seize the items. The company said the Special Investigation and Intelligence Branch (SIIB) of the customs department had also cleared the import, but the items were not released to the company. The customs authorities said a clearance was needed from the licensing branch of the Delhi police as the items included “toy guns capable of being converted into weapons”.

The company in its arguments stated it is not possible to modify the “replicas” and they are not covered under the category of “toy guns” as they cannot shoot. They argued that there was an “inordinate delay” in the process as the customs officials did not send the gun samples to the licencing authorities for several weeks after the consignment arrived. The Delhi HC had in an earlier hearing directed the police to get the items inspected by the forensic science laboratory at Rohini, to verify the claims of the company.

Since the results were delayed, the bench directed the customs officials to bring a sample to the court. The “samples” were brought before the bench on October 29 before the bench of Justice Badar Durrez Ahmed and Justice Sanjeev Sachdeva, who allowed the court staff to “operate” the guns to check whether they could be used.

The customs officials present in the court argued the consignment had been detained as there was a trigger mechanism in the guns. Advocate Sahni, however, argued that the trigger mechanism is “only for effect” as the guns do not have any firing mechanism. The company also said the replicas were made of a zinc alloy which would get warped by heat, that is if any attempt was made to install a firing mechanism.The court directed the FSL to submit its report within two weeks.