Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1972 Customs Act ss.132 and 135(1)(a) Antiquities and Art Treasures Act 1962 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Ancient Monuments and Archaeological Sites and Remains Act, 1958 (24 of 1958) Customs Act, 1962 (52 of 1962) Antiquities and Art Treasures Act, 1972 (52 of 1972) Ancient Monuments Preservation Act, 1904 (7 of 1904) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Customs Act, 1962: ss.132 and 135(1)(a) – Prosecution under,in regard to the antiquities or art treasures – Held: Prosecution under ss.132 and 135(1)(a) of the Customs Act, 1962, is not barred in regard to the antiquities or art treasures – Antiquities and Art Treasures Act, 1972.Antiquities and Art Treasures Act, 1972: s.30 – Whether the words ‘any law in force’ must be construed ejusdem generis with the two laws indicated in s.30 namely, the Ancient Monuments Preservation Act, 1904 and the Ancient Monuments and Archaeological Sites and Remains Act, 1958 – Held: The 1904 Act and the 1958 Act indicate a one common genus – It is, inextricably intertwined with the heritage and history of the nation – These two enactments which are specifically embodied in s.30 are followed by general words which allow the application of the principle of ejusdemgeneris – For the said reason, the words “any other law for the time being in force” are employed – The intention behind s.30 is to provide for any other law which deal with antiquity to continue to have force and declare its enforceability even after passing of the Antiquities Act – The applicability of Customs Act through the mechanism provided under s.30 would bring it into conflict with s.4of the Act and this certainly would not be the legislative intention –The words ‘any other law’ in s.30 would not include Customs Act –Doctrines/Principles – Principle of ejusdem generis – Interpretation of statutes – Ancient Monuments Preservation Act, 1904 – Ancient Monuments and Archaeological Sites and Remains Act, 1958.Doctrines/Principles: Principle of ejusdem generis –Applicability of – Held: In order to apply the principle of ejusdemgeneris, the court must find the existence of enumerated things before general words – In other words, specified categories must have a common golden thread of commonality running through them –Antiquities and Art Treasures Act, 1972 – s.30.Antiquities and Art Treasures Act, 1972: s.4 – Whether having regard to the mandate of s.4 of the Antiquities Act, the prosecution under ss.132/135 of the Customs Act for attempting to export antiquity would be inconsistent with s.25 r/w s.26 of the Antiquities Act – Held: By virtue of s.4 of Antiquities Act, all the provisions ofthe Customs Act except to the extent of inconsistency is provided full play – By virtue of the same, prosecution under ss.132 and 135 would lie provided that the ingredients of the offence contained in ss.132 and 135 are found to exist – The authority competent to sanction prosecution under the Customs Act is the exclusive authority to countenance prosecution for offences under the Customs Act –So, there can be no conflict if a prosecution under s.132 of the Customs Act is maintained after proper sanction by the competent authority under the Customs Act – It would not in any way violate either s.25 or s.26 of the Act – When a person exports or attempt to export an antiquity, it is but essential that he would be having a transaction with relation to the customs – If in his transaction with the customs in regard to export or attempted export of any antiquity or art treasure he does any of the acts contained in s.132 of the Customs Act, it cannot be said that he is being prosecuted for the same offence as contained in s.3 r/w s.25 of the Antiquities Act –The ingredients of s.25 of the Act and s.132 of the Customs Act are distinct and different from one another – Constitution of India –Art.254 – Customs Act, 1962 – ss.132 and 135 – Foreign Trade(Development & Regulation) Act 1992 – ss.3 and 5.Antiquities and Art Treasures Act, 1972: Legislative intent of enactment – Discussed.Ancient Monument Preservation Act, 1904: Legislative intent of enactment – Discussed.Ancient Monument and Archeological Site and Remains Act,1958: Legislative intent of enactment – Discussed.Constitution of India: Art.254 – Concept of Inconsistency –Inconsistencies between laws made by Parliament and laws made by legislatures of the State – Discussed – Antiquities and Art Treasures Act, 1972. |
Judge | Hon'ble Mr. Justice K.M. Joseph |
Neutral Citation | 2019 INSC 282 |
Petitioner | Department Of Customs |
Respondent | Sharad Gandhi |
SCR | [2019] 4 S.C.R. 273 |
Judgement Date | 2019-02-27 |
Case Number | 174 |
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