Free importability of metal measuring tapes defeated confiscation where the policy and public notice removed them from restriction.

Imported metal measuring tapes were held to be freely importable because they were not covered by the negative list under the applicable import policy. The clarification under the Export and Import Policy, 1992-97 provided that goods outside the negative list could be imported without a licence, including items moved from the restricted list to Appendix 3 before the new policy. ITC Public Notice 240/90 showed that measuring rules and tapes, including metallic measuring tapes, had already been deleted from Appendix 2 and placed in Appendix 3 Part A. On that basis, confiscation for absence of an import licence could not be sustained.

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Issues: Whether the imported metal measuring tapes were covered by the negative list of imports so as to require a licence and justify confiscation, or whether they were freely importable under the applicable import policy and related public notice.

Analysis: The appellant accepted the finding that the goods were consumer goods, but relied on the clarification issued under the Export and Import Policy, 1992-97 and on ITC Public Notice 240/90. The clarification stated that items not included in the negative list of imports could be freely imported without a licence, including items shifted from the restricted list to Appendix 3 before the new policy. The public notice showed that measuring rules and tapes, including metallic measuring tapes, had been deleted from Appendix 2 and placed in Appendix 3 Part A before the 1992-97 policy took effect.

Conclusion: The contention that the goods were freely importable was accepted, and the confiscation for want of licence could not be sustained.

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