years. So, there is no allegation of attempting to make an export or import, which is covered by Section 11 (2). There is no allegation against the appellant or its predecessor of making an export or import in contravention of the export and import policy. Section 11 (2) is a penal provision. It must be strictly construed. Thus, the demand for penalty cannot be sustained. Hence, we set aside the impugned judgments and orders of the learned Single Judge and Division Bench. We also set aside the Order- in-Original dated 16th July 2004 (Annexure P-3) by which the impugned penalty was imposed. 14. Accordingly, the appeal is allowed with no orders as to costs. ……………………..J. (Abhay S. Oka) ……………………..J. (Ujjal Bhuyan) New Delhi; May 13, 2024. Civil Appeal @ SLP(C) 4974 of 2021 Page 8 of 8