Prevention of Illegal Import of Fireworks/Crackers of Foreign Origin

[Ref: CBEC Instruction No. 13/2017- Customs dated 27 September 2017]

Subject: Illegal import of fireworks/crackers- Judgment dated 12.09.201 7 of the Hon'ble Supreme Court in Writ Petition (Civil) No.728 of2015

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 of2017 in Writ Petition (Ci v i l) No.728 of2015 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 lTC (HS) and requires an import licence from the DGFT. Further, till date, no licence 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 27.0 I.1992 regarding the ban on import of fireworks.

F.No. 394/ 150/2014-Cus (AS)