Prior use condition for imported car clearance can be satisfied by occasional importer use, without any minimum usage threshold.

Prior use under the public notice was not established by ownership alone, because use of the imported car could not be presumed merely from purchase or possession. The evidence of more than 7,000 kilometres travelled over about two years supported actual use, albeit sparing, and the notice did not require any minimum extent of use. Occasional use by the importer, including use with friends as drivers, was sufficient to satisfy the condition that the car had been in the importer's use for more than one year before return to India. The car therefore qualified for clearance without licence under the notice.

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Issues: Whether the imported car satisfied the condition in the public notice requiring that it must have been in the use of the importer for more than one year prior to return to India, so as to qualify for clearance without licence.

Analysis: Ownership of the car by the importer did not by itself establish that it had been in his use, and use could not be presumed merely from purchase or possession. At the same time, the evidence showed that the vehicle had run more than 7,000 kilometres over about two years, which supported the conclusion that it had in fact been used, though sparingly. The public notice required use by the importer, but did not prescribe any minimum extent of use, and occasional use of the car by the importer, including use with the help of friends as drivers, was sufficient to satisfy the condition.

Conclusion: The condition of prior use was fulfilled, and the importer was entitled to the benefit of the public notice.

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