Section 4I in Imports and Exports (Control) Act, 1947
4I. [ Liability to penalty. [Inserted by Act 12 of 1976, Section 3.]
(1)Any person who,-(a)in relation to any goods or materials which have been imported under any licence or letter of authority, uses or utilises such goods or materials otherwise than in accordance with the conditions of such licence or letter of authority; or(b)being a person to whom any imported goods or materials have been delivered by a recognised agency, uses or utilises such goods or materials or causes them to be used or utilised, for any purpose other than the purpose for which they were delivered to him; or(c)having made a declaration for the purpose of obtaining-(i)a licence or letter of authority to import any goods or materials, or(ii)any amendment of such licence or letter of authority, or(iii)allotment of any imported goods or materials,is found to have made in such declaration, any statement which is incorrect or false in material particulars; or(d)acquires, sells or otherwise parts with, or agrees to acquire, sell or otherwise part with, any imported goods or materials in contravention of the conditions of any licence or letter of authority in pursuance of which such goods or materials had been imported; or(e)acquires, sells or otherwise parts with, or agrees to acquire, sell or otherwise part with, any imported goods or materials in contravention of the terms of any allotment made by any recognised agency; or(f)contravenes any direction given under a control order with regard to the sale of goods or materials which have been imported under any licence or letter of authority or which have been received from, or through, a recognised agency,shall be liable to a penalty not exceeding five times the value of the goods or materials, or one thousand rupees, whichever is more, whether or not such goods or materials have been confiscated or are available for confiscation.Explanation. - For the purposes of this section, "value" has the meaning assigned to it in sub¬section (1) of Section 14 of the Customs Act, 1962 (52 of 1962).(2)If any person abets the commission of any act or omission, which act or omission would render any person liable to a penalty under sub-section (1), or attempts to commit any act aforesaid, the person so abetting or attempting shall be liable to a penalty not exceeding five times the value of the goods or materials in respect of which such abetment or attempt has been made, or one thousand rupees, whichever is more, whether or not such goods have been confiscated or are available for confiscation.(3)A penalty imposed under sub-section (1) or sub-section (2) may, if it is not paid, be recovered as an arrear of land revenue:Provided that the adjudicating authority may, by order, attach any money belonging to, or owed to, the person on whom any penalty has been imposed under sub-section (1) or sub¬section (2), and such attachment shall be made in the same manner in which an attachment is made by a civil court.]
