Supreme Court of India · 2006-03-23
O. Konavalov vs Commander, Coast Guard Region & Ors
- Citation / case number
- 2006 AIR SCW 1654
- Court
- Supreme Court of India
- Petitioner
- O. Konavalov
- Respondent
- Commander, Coast Guard Region & Ors
- Author
- Ar. Lakshmanan
- Bench
- H.K. Sema, Ar. Lakshmanan
Judgment text excerpt
The Supreme Court upheld the High Court's decision regarding the seizure of the vessel under Section 110 of the Customs Act, 1962, affirming that the crew's claims for wages from the sale proceeds were not maintainable due to the vessel's violation of Indian territorial waters. The Court established that the provisions of the Customs Act take precedence in cases of seizure and confiscation, thereby denying the crew's application for a first charge on the vessel's sale proceeds. The appeal was dismissed, reinforcing the authority of the Customs Department in such matters.