Supreme Court of India · 2019-02-27
DEPARTMENT OF CUSTOMES vs SHARAD GANDHI PROPRIETOR
- Citation / case number
- SC 2015/32922
- Court
- Supreme Court of India
- Petitioner
- DEPARTMENT OF CUSTOMES
- Respondent
- SHARAD GANDHI PROPRIETOR
- Author
- HON'BLE MR. JUSTICE ASHOK BHUSHAN
- Bench
- HON'BLE MR. JUSTICE K.M. JOSEPH HON'BLE MR. JUSTICE ASHOK BHUSHAN
Judgment text excerpt
The Supreme Court held that the prosecution under Sections 132 and 135 of the Customs Act, 1962 is maintainable despite the discharge of the respondent by the Additional Chief Metropolitan Magistrate. The Court found that the lower courts erred in interpreting the relationship between the Customs Act and the Antiquities and Art Treasures Act, 1972, particularly regarding the powers of the Collector of Customs. The appeal was allowed, overturning the dismissal of the complaint and reinstating the prosecution under the Customs Act.