Redemption fine and penalty on insecticide imports upheld where multiple import-condition breaches and undervaluation were established.

Import of insecticides without compliant labels showing the manufacturer and country of origin, without the requisite import certificate, and through a non-specified port constituted multiple violations of the applicable import conditions. The goods were also subjected to reassessment for undervaluation. In view of these cumulative contraventions, the adjudicating authority treated the redemption fine and penalty as proportionate, and no infirmity was shown in the quantum fixed. The redemption fine and penalty were therefore held not to be excessive and were upheld.

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Issues: Whether the redemption fine and penalty imposed on import of insecticides were excessive and liable to be interfered with.

Analysis: The goods were imported in violation of the import conditions applicable to insecticides, including absence of proper labels showing manufacturer and country of origin, non-production of the requisite certificate for import, and import through a non-specified port. The goods were also subjected to reassessment on undervaluation. In view of these multiple contraventions, the adjudicating authority had imposed redemption fine and penalty at a proportionate level, and no infirmity was shown in the quantum fixed.

Conclusion: The redemption fine and penalty were not excessive and were upheld.

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