CAPTAIN SUBASH KUMAR vs PRINCIPAL OFFICER, MERCANTILE MARINEDEPARTMENT, MADRAS

The Supreme Court held that the Merchant Shipping Act, 1958, specifically Section 363, does not apply to foreign ships operating outside Indian territorial waters. The Court found that the M.V. Eamaco, being a Panamanian ship, was only subject to Indian jurisdiction while within Indian waters. The High Court's decision to initiate inquiry proceedings against the appellant for alleged negligence was quashed, as the complaint was deemed outside the jurisdiction of Indian courts due to the location of the incident and the nationality of the ship.