Supreme Court of India

Department of Customs v. Sharad Gandhi

Neutral citation
Reported as [2019] 4 S.C.R. 273
Bench Ashok Bhushan and K. M. Joseph JJ.
Decided 27 February 2019

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

1 Supreme Court bench has cited this judgment.

What the Court ordered

We are of the view that the word “any other law” in Section 30 of the Antiquities Act, would not include the Customs Act, 1962.

Judgment, page 31

From the headnote

Customs Act, 1962: ss.132 and 135(1)(a) – Prosecution under, in regard to the antiquities or art treasures – Hel d: Prosecution under ss.132 and 135(1)(a) of the Customs Act, 1962, is not barred in regard to the antiquities or art treasures – Anti quities and Art Treasures Act, 1972. Antiquities and Art Treasures Act, 1972: s.30 – Whethe r the words ‘any law in force’ must be construed ejusdem g eneris with the two laws indicated in s.30 namely, the Ancient Monuments Preservation Act, 1904 and the Ancient Monuments an d Archaeological Sites and Remains Act, 1958 – Held: The 1904 Act and the

Where later benches applied it

Of those, 1 relied on

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