Skip to main content
Indian Kanoon - Search engine for Indian Law
Document Fragment View
Matching Fragments
―16. The scheme of the Customs Act, 1962 and the Foreign Trade
(Development and Regulation) Act, 1992, provide that whereas the
officers on the check-post or port and the point of entry and exit,
have powers to prevent or detect the illegal exports of goods, and
also confiscate the goods attempted to be improperly exported,
which includes dutiable or prohibited goods, they do not have
powers to question the classification of goods. If a dispute arises as
to classification of the goods entitled for the DEPB, the powers for
adjudication for penalty or confiscation, in the event of
contravention of the provisions of the Foreign Trade (Development
and Regulation) Act, 1992, or any Rules or order made thereunder, is
with DGFT. Section 12 of the Act provides that powers to impose
penalty or confiscation under section 11 of the Act does not prevent
the imposition of any other punishment, under any other law for the
time being in force. If a person is liable under any other law, which
may include the Customs Act, 1962 for levy of penalty or
confiscation, the same may be in addition to penalty or confiscation
provided under section 11 of the Foreign Trade (Development and
Regulation) Act, 1992 and is also in addition to the suspension or
cancellation of the licence under the Act.