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11. Therefore, the only question to be considered is whether the
contravention of Baggage Rules, 2016 and breach of the
prohibition imposed by the Foreign Trade (Development and
Regulation) Act, 1992 amounts to a prohibition under any other
law for the time being in force. It is true that various authorities
had exercised the discretion to permit release of confiscated goods
on payment of redemption fine. But such exercise of discretion is
not mandatory if the import is prohibited under the Act or any
other law in force. Even in such cases, discretion can be exercised
which will depend upon the manner in which the authority
approves the transaction. Section 7 of the Foreign Trade
(Development and Regulation) Act clearly indicates that no person
shall make any import or export except under an importer-exporter
code number granted by the Director General or the officer
authorised by the Director General in that behalf and in accordance
with the procedure specified. The rules also clearly prescribe the
procedure under how the import or export is to be carried out by
preparation of a Bill of Entry."