Foreign Trade (Regulation) Rules, 1993 — Power to enter premises and inspect, search and seize goods, documents, things and conveyances

Official text

(1) Any person authorised by the Central Government under sub-section (1) of section 10 ("the authorised person") may, at any reasonable time—

(a) enter and search any premises where goods or materials liable to confiscation under the Act are suspected to have been kept, concealed, stored, processed, manufactured, traded, supplied or received for the purposes of import or export, or where any books of account, documents or things (including a computer resource containing electronic records) useful for or relevant to any proceedings under the Act are suspected to have been kept or concealed;

(b) enter and search any premises from which services or technology, or goods connected with them, liable to confiscation are suspected to have been provided, supplied, received, consumed or utilised for import or export, or where such books, documents or things are suspected to have been kept or concealed:

Provided that clause (b) shall apply, in case of import or export of services or technology, only when the service or technology provider is availing benefit under the foreign trade policy or is dealing with specified services or specified technologies;

(c) break open the lock of any door, box, locker, safe, almirah or other receptacle where the keys are not available;

(d) search any person who has got out of, is about to get into, or is in the premises, if he has reason to suspect that such person has secreted about his person any such books, documents or things;

(e) inspect such goods, materials, books of account, documents or things, take notes, copies or extracts, and require any person in possession or control of them to afford the necessary facility to inspect them.

(2) If the authorised person has reason to believe that any imported goods or materials, or goods or materials for export (including those connected with services or technology), are liable to confiscation, or that any books, documents or things useful for proceedings under the Act are secreted in any premises, he may enter into and search such premises for them.

(3)(a) If the authorised person has reason to believe that any goods or materials are liable to confiscation under the Act, he may seize them together with any package, covering or receptacle in which they are found:

Provided that where it is not practicable to take physical possession of such goods owing to their volume, weight or other physical characteristics or dangerous nature, he may serve an order on the owner or person in possession not to remove, part with or otherwise deal with them except with his previous permission, and such action shall be deemed to be seizure.

(b) Where goods or materials are seized under clause (a) and no notice in respect of them is given within six months of the seizure, they shall be returned to the person from whose possession they were seized:

Provided that the period of six months may, on sufficient cause being shown, be extended by the Director General for a further period not exceeding six months.

(c) The authorised person may seize any books of account, documents or things which in his opinion will be useful for, or relevant to, any proceedings under the Act.

(d) The person from whose custody documents are seized shall be entitled to make copies or take extracts in the presence of the authorised person.

(e) If any person legally entitled to the seized books, documents or things objects to their retention, he may apply to the Central Government stating the reasons and requesting their return.

(f) On such application, the Central Government may, after giving the applicant an opportunity of being heard, pass such order as it thinks fit.

(g) Where any document, book of account, goods or materials are produced, furnished, seized, or received from any place outside India in the course of investigation of a contravention referred to in section 11, and tendered in evidence against the person concerned or anyone jointly proceeded against, the Adjudicating Authority shall, notwithstanding anything in any other law, presume, unless the contrary is proved—

(i) that they belong to such person;

(ii) that the contents of the books and documents are true;

(iii) that the signature and handwriting are those of the person they purport to be, and that a document executed or attested was so executed or attested; and

(iv) admit the document in evidence notwithstanding that it is not duly stamped, if it is otherwise admissible.

(4) The authorised person may, if he has reason to suspect that any conveyance or animal is being, or is about to be, used to transport goods liable to confiscation in contravention of the Act, stop it — or in the case of an aircraft compel it to land — and (a) rummage and search it; (b) examine and search any goods in it or on the animal; (c) if necessary, use all lawful means to stop it and, where those fail, fire upon it; and where satisfied that it is necessary to prevent contravention of the Act, the rules, orders, the Policy or any condition of a licence or instrument, he may seize it.

Explanation.— A reference in this rule to a conveyance includes an aircraft, vehicle or vessel.

(5) The authorised officer may requisition the services of any police officer or officer of the Central Government, or both, to assist him for any purpose in sub-rules (1) to (4), and every such officer shall comply.