TMI Blog2000 (8) TMI 511X X X X Extracts X X X X X X X X Extracts X X X X ..... ntiquities and Art Treasures Act, 1972. He has upheld the charges in the show cause notice dated 7-2-1998 that the item is Antiques and in terms of the said Act, it cannot be exported. The findings given by him in para 5 is reproduce below :- The main thrust of the arguments of the appellants in the appeal is questioning the validity of the report No. F. 14-4/96-ANT, dated 24-7-1997 of the Director General, Government of India, Archaeological Survey of India, Janpath, New Delhi for variety of reasons as mentioned in the appeal memorandum. In the said report of the Archaeological Survey of India, the subject four Tanjore paintings have been declared as Antiquity. Archaeological Survey of India is a specialised Governmental body for the pu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e first opinion of the ASI was only prima facie, this Department further referred the subject paintings for a detailed examination by an expert panel constituted by the ASI. Their final opinion, after a detailed examination has since been obtained and is on record. The letter from the ASI F. No. 14-4/96-ANT, dated 24-7-1997 conclusively communicates, after a detailed examination, that the subject four paintings under export have been declared by the ASI as antiques finally. Thus, the expert opinion, specialised Governmental body such as ASI having been obtained in the case, I rely upon the expert opinion and conclude that the subject paintings under export were really antiques. There is nothing on record to show that the exporter had ever r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... her submitted that the reports of Director-General, Archaeological Survey of India was not furnished to them and they were also not offered for cross- examination. He points out to the copy they have obtained subsequently which is at page No. 66 of the file and points out from the said report that there is not clear declaration in terms of the definition in the said Act. There is no carbon test carried out to find out the age of the paintings and therefore, the report is assailable and it was for the original authority to have granted the appellants an opportunity of cross-examining the signatory of the report to show that the said report is not in terms of the relevant provisions of the Act. The appellants have also produced enormous evide ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Antiques. He may be having a firm by name M/s. Antiquity but it did not imply that he was indulging in exporting Antiques out of India. He submits that this was his first export and the items were not antiques at all. He submits that carbon test are carried out to know of the age of the item and it need not be of a million years old. He submits that all these aspects are matters of evidence and all such evidences have not been looked into and the orders not being speaking orders cannot be sustained. He submits that the appellants have also produced certificates from Tamil Nadu Art Emporium dated 26-8-1998 certifying the item to be not Antique. There are other evidences also on record. He also points out that the appellants have purchase ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of definition of Antiques under Section 2(1) of the Antiquities and Art Treasures Act, 1972. Both the authorities have not examined the charging section of the said Act to examine the expert opinion. 7. On a prima facie reading of the report also, it is not clear as to whether the item satisfied the definition of the Act. Therefore, it is ordered that a fresh examination of the seized goods is required to be done by the experts and they are required to examine the item in terms of the Section mentioned above and give a clear finding after carrying out necessary scientific tests to find out the item to be an antique or not. Copy of such test report should be given to the appellants to enable them to cross-examine the experts before the ori ..... X X X X Extracts X X X X X X X X Extracts X X X X
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