Is an import license required for importing smart plugs that do not generate Wi-Fi or Bluetooth signals?

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO.3933 OF 2020

SYSKA LED Lights Pvt. Ltd. ..Petitioner

Versus

Union of India & Ors. ..Respondents
Mr. Prithviraj Choudhari i/by Vaish Associates Advocates, for the

Petitioner.

Mr. Pradeep S. Jetly, Senior Advocate a/w Mr. J. B. Mishra, Advocate for
the Respondents

 CORAM : UJJAL BHUYAN &
 MILIND N. JADHAV, JJ.

 ORDER RESERVED ON : 02.02.2021
 ORDER PRONOUNCED ON : 25.03.2021

P.C.

Heard Mr. Prithviraj Choudhari, learned counsel for the petitioner and Mr. Pradeep S. Jetly, learned senior counsel for the respondents.

2. By filing this petition under Article 226 of the Constitution of India, petitioner seeks quashing of order dated 23.09.2020 passed by theJoint Commissioner of Customs, Gr. VA, Nhava Sheva-V i.e., respondentNo.3 and further seeks a direction to the respondents to release the imported goods of the petitioner covered by Bill of Entry No.8311310 dated 28.07.2020.

3. Case of the petitioner is that it is a private limited companyregistered under the Companies Act, 1956 and primarily engaged in the business of import and manufacture of light products.

4. Petitioner had imported smart plugs vide Bill of EntryNo.8311310 dated 28.07.2020. It is stated that the imported smart plugsare used for extension socket purposes and since the same does not generateany wi-fi or bluetooth signal, petitioner claims that no import licence from  the Wireless Procurement Cell, Department of Information and Technology, Government of India was required. Petitioner also got theproduct tested to certify that the technical features of the product did not fall under licensing requirement.

5. Notwithstanding the above, the apprising officers raisedobjection regarding requirement of import licence with respect to theimported products. Petitioner agreed for a first check examination of thesame which was carried out in the presence of the authorised representativeof the petitioner. During the said examination neither any objection wasraised nor any inconsistency was found. Despite the above, at the insistance of officers serving in the office of Joint Commissioner of Customs, Nhava Sheva-V i.e. respondent No.3, petitioner furnished three declarations dated 02.09.2020 certifying the truth and veracity of all the declarations.

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