Customs redemption fine and re-export conditions upheld despite absence of separate re-shipment provision.

Goods liable to confiscation under the Customs Act may be released on fine in lieu of confiscation, and conditions may be attached to redemption, including re-export of the goods. The absence of a separate re-shipment provision in Chapter XI did not invalidate such an order. Review under Section 129-DD was declined because the matter involved discretionary assessment and the quantum of relief, especially in view of the age of the case. The order permitting re-export on payment of fine was therefore upheld and no interference was warranted.

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Issues: Whether the order permitting re-export of the goods on payment of fine was invalid, and whether interference was called for in review under Section 129-DD of the Customs Act, 1962.

Analysis: The order proceeded on the footing that goods liable to confiscation under Section 111 of the Customs Act, 1962 could attract Section 125, under which fine in lieu of confiscation may be imposed and conditions may be attached to the redemption, including re-export of the goods. The absence of a separate provision in Chapter XI dealing with re-shipment did not make the order invalid. The matter was also viewed as one turning largely on discretion and quantum, especially given the age of the case.

Conclusion: The order permitting re-export on fine was upheld and no interference was warranted.

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