The Customs Act, 1962
111. CONFISCATION OF IMPROPERLY IMPORTED GOODS, ETC. –
The following goods brought from a place outside India shall be liable to confiscation :-
(a) any goods imported by sea or air which are unloaded or attempted to be unloaded at any place other than a customs port or customs airport appointed under clause (a) of section 7 for the unloading of such goods;
(b) any goods imported by land or inland water through any route other than a route specified in a notification issued under clause (c) of section 7 for the import of such goods;
(c) any dutiable or prohibited goods brought into any bay, gulf, creek or tidal river for the purpose of being landed at a place other than a customs port;
(d) any goods which are imported or attempted to be imported or are brought within the Indian customs waters for the purpose of being imported, contrary to any prohibition imposed by or under this Act or any other law for the time being in force;
(e) any dutiable or prohibited goods found concealed in any manner in any conveyance;
(f) any dutiable or prohibited goods required to be mentioned under the regulations in an import manifest or import report which are not so mentioned;
(g) any dutiable or prohibited goods which are unloaded from a conveyance in contravention of the provisions of section 32, other than goods inadvertently unloaded but included in the record kept under sub-section (2) of section 45;
(h) any dutiable or prohibited goods unloaded or attempted to be unloaded in contravention of the provisions of section 33 or section 34;
(i) any dutiable or prohibited goods found concealed in any manner in any package either before or after the unloading thereof;
(j) any dutiable or prohibited goods removed or attempted to be removed from a customs area or a warehouse without the permission of the proper officer or contrary to the terms of such permission;
(k) any dutiable or prohibited goods imported by land in respect of which the order permitting clearance of the goods required to be produced under section 109 is not produced or which do not correspond in any material particular with the specification contained therein;
(l) any dutiable or prohibited goods which are not included or are in excess of those included in the entry made under this Act, or in the case of baggage in the declaration made under section 77;
(m)1[any goods which do not correspond in respect of value or in any other particular] with the entry made under this Act or in the case of baggage with the declaration made under section 77 2[in respect thereof or in the case of goods under transhipment, with the declaration for transhipment referred to in the proviso to sub-section (1) of section 54];
(n) any dutiable or prohibited goods transisted with or without transhipment or attempted to be so transited in contravention of the provisions of Chapter VIII;
(o) any goods exempted, subject to any condition, from duty or any prohibition in respect of the import thereof under this Act or any other law for the time being in force, in respect of which the condition is not observed unless the non-observance of the condition was sanctioned by the proper officer;
3[(p) any notified goods in relation to which any provisions of Chapter IVA or of any rule made under this Act for carrying out the purposes of that Chapter have been contravened.]
Comments
(i) Where the Government has made notification laying down the guidelines in respect of grant of reward to informers and Government servants in case of seizures made, infringement or evasion on duty etc., though the reward is purely an ex-gratia payment, subject to the guidelines on the discretion of the competent authority, it cannot arbitrarily be denied or refused at whim or fancy and it should specifically conform with and must be shown to fall or be claimed within the four corners of it; Union of India v.R. Padmanabhan, (2003) 7 SCC 270.
(ii) Where the goods imported by the persons were ‘WG grade Gum Rosin’ and not ‘OFF’ grade Gum Rosin’, it is beyond dispute that the imported goods did not correspond in respect of the value as well as description with the entry made under the Act and was liable to confiscation under section 111(m) of the Act; Pine Chemical Suppliers v. Collector of Customs (Bombay), AIR 1993 SC 1185.
(iii) Clause 111 (o) shall only be valid and applied, when the condition is not observed within the period prescribed, if any, or where the period is not so prescribed, within a reasonable period; Union of India v. Sampat Raj Dugar, AIR 1992 SC 1417.
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1. Subs. by Act 36 of 1973, sec. 2, for certain words (w.e.f. 1-9-1973).
2. Subs. by Act 27 of 1999, sec. 108, for “in respect thereof;” (w.e.f. 11-5-1999).
3. Ins. by Act 12 of 1969, sec. 4 (w.r.e.f. 3-1-1969).
