AIR 1976 SUPREME COURT 1527 ::1976 3 SCC 354 ::1976 UJ (SC) 475 ::1976 SCC(Cri) 407 ::47 Com Cas 681 ::1976 3 SCR 905

Supreme Court Of India

(From Kerala: ILR (1974) 2 Ker 690)

Hon'ble Judge(s): Y. V. Chandrachud, V. R. Krishna Iyer, N. L. Untwalia , JJJ

Foreign Exchange Regulation Act (7 of 1947) , S.12(1), S.23A— (as amended by Act 40 of 1969)- Notification under Section 12 (1) prohibiting export of goods to certain places unless certain conditions were fulfilled - Applicability of Customs Act - Violation of Section 12 (1) - Confiscation of goods under Sec. 113 (d) of Customs Act and imposition of penalty under Sec. 114. Foreign Exchange Regulation Rules (1952) , R.3, R.7— Customs Act (52 of 1962) , S.11, S.113(d), S.114— By virtue of Section 23A of the Foreign Exchange Regulation Act the prohibition imposed under Section 12 (1) of that Act becomes a prohibition imposed under Section 11 of the Customs Act. And if the goods were attempted to the exported contrary to the said prohibition the goods became liable to confiscation under Section 113 (d) of the Customs Act. Consequently the person attempting to export the goods also became liable to pay penalty under Section 114.(Para 5) Apart from the furnishing of the declaration containing the true statements in all material particulars the exporter under the amended Section 12 (1) is also required to affirm in the said declaration, i.e. in the document or the paper containing the declaration, that the full export value of the goods will within the prescribed period be paid in the prescribed manner.(Para 5) ....