Restricted import contravention under foreign trade policy justified confiscation, with redemption fine and penalty upheld as not excessive.

Import of Black Matpe FAQ Crop 2019 was treated as a restricted item under the Foreign Trade Policy 2015-20 and the applicable import conditions. Because the importer lacked the required DGFT licence and had not complied with the prescribed annual quota, the import was found to be in contravention of the restriction and liable to confiscation under the Customs Act, 1962. In light of the declared value of the goods and the nature of the violation, the redemption fine and penalty were not considered excessive. The challenged fine and penalty were therefore upheld, and no interference was called for.

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Issues: Whether the redemption fine and penalty imposed on import of restricted goods were excessive and required interference.

Analysis: The import in question related to Black Matpe FAQ Crop 2019, which was treated as a restricted item under the Foreign Trade Policy 2015-20 and the relevant import policy conditions. The importer did not possess the required DGFT licence for import within the prescribed annual quota. The import was therefore held to be in contravention of the import restriction, attracting confiscation under the Customs Act, 1962. In view of the declared value of the goods and the nature of the violation, the redemption fine and penalty were found not to be on the higher side.

Conclusion: The redemption fine and penalty were upheld and no interference was called for.

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