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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.

O. Konavalov vs Commander, Coast Guard Region & Ors · Niyam