Strict scrap import controls bar rocket cases linked to explosive ordnance, with casing-shell distinctions rejected as artificial.

Import policy for metallic waste and scrap prohibits consignments containing arms, ammunition, mines, shells, cartridges, radioactive contaminated material or other explosive material in any form, whether used or otherwise. The inspection certificate regime imposes a positive duty on the certifying agency to verify that the consignment is free from prohibited material. The text treats rocket cases associated with military ordnance as falling within that prohibition and rejects a semantic distinction between a rocket shell and its casing as artificial and impractical. The stated legal effect is that scrap import restrictions are to be applied strictly to exclude outer coverings that formed part of explosive ordnance.

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Issues: Whether the impugned alert circular and the order rejecting the writ petitioner's challenge to the import of rocket cases as metallic scrap were sustainable, and whether a distinction could be drawn between a rocket shell and its casing for the purpose of the restriction on import of scrap containing arms, ammunition, shells or other explosive material.

Analysis: The import policy and the handbook conditions governing metallic waste and scrap prohibited import of consignments containing arms, ammunition, mines, shells, cartridges, radioactive contaminated material or any other explosive material in any form, whether used or otherwise. The inspection certificate regime placed a positive obligation on the certifying agency to ensure that the consignment did not contain such prohibited material. On the facts, the materials recovered from the containers were found to be rocket cases associated with military ordnance, and the Court accepted that the policy was intended to exclude scrap that had earlier formed part of an explosive device. The proposed distinction between a casing and a shell was rejected as artificial and impractical, since the relevant prohibition extended to hazardous material and to items used or otherwise associated with explosive devices.

Conclusion: The challenge failed; the impugned circular and order were upheld and the writ petition was dismissed.

Ratio Decidendi: A scrap import restriction that prohibits shells, cartridges and other explosive material in any form, used or otherwise, must be applied strictly so as to exclude rocket cases or similar outer coverings that formed part of explosive ordnance, and a semantic distinction between casing and shell will not defeat the prohibition.

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