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2011 (7) TMI 433 - HC - CustomsConfiscation of goods on the ground of obscenity - Penalty - goods imported were obscene in terms of the S. 292 (i) of the Indian Penal Code as it appeared to be lascivious and appealed to the prurient interest and that its effect would tend to deprave and corrupt persons who were likely to read, see, hear and enact the instructions contained or embodied in it - in reply to SCN appellant had given a detailed reply claiming that the word obscene has not been properly defined in the Act and that far more sexually explicit literature and materials were freely available in shops and circulate in the country. As such the charge of obscenity did not lie - Held that:- Customs authorities and the Tribunal below have all committed a serious error in holding the relevant goods as obscene so as to render them prohibited articles, order of confiscation and imposition of penalty not sustainable in law, Appeal allowed.
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