Penalties & Offences

Smuggling

Smuggling, in relation to goods, is an act or omission which will make the goods liable to confiscation. Thus, * improper importation * attempting improper importation or * attempting improper export will amount to ‘smuggling’.

Goods liable to confiscation

Importing or attempting to import prohibited goods, avoiding duty payment, mis-declaring goods or violating rules regarding movement, storage, unloading or use of imported goods will make them liable for confiscation under section 111. This is covered in the definition of ‘smuggling’.

Improper Exports

Attempting to export goods in violation of law, mis-declaring goods, export under false claim of duty drawback or violating rules regarding movement, storage or loading of export goods will make them liable for confiscation under section 113. This is all covered in the definition of ‘smuggling’.

Prohibited goods for import or export

'Prohibited goods’ means any goods the import or export of which is prohibited under Customs Act or any other law for the time being in force, but does not include any such goods in respect of which the conditions subject to which the goods are permitted to be imported or exported have been complied with.

Penalty

Penalty can be imposed for improper imports or improper exports. Monetary penalty upto value of goods or Rs 5,000 whichever is higher can be imposed.

Confiscation of goods

Goods can be confiscated. Permission can be granted for re-export of offending goods.

Burden of proof in case of goods covered under section 123

In case of goods covered under section 123 of Customs Act, burden of proof that the goods are not smuggled goods is on the accused.

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