The Foreign Trade (Development and Regulation) Act, 1992

Foreign Trade (Regulation) Rules, 1993 — Confiscation and redemption

The Foreign Trade (Development and Regulation) Act, 1992

Official text

(1) Any imported goods or materials, or goods or materials for export, or goods or materials connected with import or export of services or technology, in respect of which—

(a) any condition of the licence, certificate, scrip or any instrument bestowing financial or fiscal benefits, or letter of authority under which they were imported, relating to their utilisation or distribution; or

(b) any condition relating to their utilisation or distribution subject to which they were received from or through an agency recognised by the Central Government; or

(c) any condition imposed under the Policy with regard to the sale, disposal, import or export of such goods or materials,

has been, is being, or is attempted to be contravened, shall, together with any package, covering or receptacle in which they are found, be liable to be confiscated by the Adjudicating Authority; and where they are so mixed with other goods or materials that they cannot readily be separated, such other goods or materials shall also be liable to be so confiscated:

Provided that where it is established to the satisfaction of the adjudicating authority that goods liable to confiscation under this rule had been imported for personal use, and not for any trade or industry, they shall not be ordered to be confiscated.

(2) The adjudicating authority may permit redemption of the confiscated goods or materials upon payment of redemption charges equivalent to the market value of such goods or materials.