1988 (1) TMI 350 - SC - Indian Laws

Summary

Issues Involved:
1. Conviction and Sentencing of Masters of Trawlers
2. Acquittal and Subsequent Conviction of the Charterer Company and its Managing Director
3. Confiscation of Vessels and Associated Equipment
4. Interpretation of Section 13 of the Maritime Zones of India Act

Summary:

1. Conviction and Sentencing of Masters of Trawlers:
The High Court of Bombay modified the sentences of the masters of the trawlers from rigorous imprisonment (R.I.) for one year to simple imprisonment (S.I.) for 9 months and from R.I. for 9 months to S.I. for 6 months. The masters were found guilty under Rule 8(1)(q) and convicted u/s 12(a) instead of 12(b) of the Maritime Zones of India (M.Z.I.) Act. The sentence of penalty was maintained.

2. Acquittal and Subsequent Conviction of the Charterer Company and its Managing Director:
The High Court convicted the Charterer Company and its Managing Director, who were initially acquitted by the Additional Chief Metropolitan Magistrate. They were sentenced to pay a fine of Rs. 30,000 each and in default to suffer S.I. for 4 months. The High Court also ordered the confiscation of the trawlers.

3. Confiscation of Vessels and Associated Equipment:
The High Court upheld the confiscation of the trawlers, fishing gear, equipment, stores, cargo, and fish on board, or the proceeds from the sale of such fish. This was in accordance with section 13 of the M.Z.I. Act, which mandates confiscation upon conviction of the masters and charterers for contravention of the Act.

4. Interpretation of Section 13 of the Maritime Zones of India Act:
The Supreme Court held that the words "shall also be liable to confiscation" in Section 13 of the M.Z.I. Act are mandatory and not discretionary. The Court emphasized that the legislative intent is to provide deterrent punishment to prevent illegal poaching by foreign vessels. The confiscation of the vessel is a statutory consequence of the conviction of the masters and charterers under Sections 10, 11, or 12 of the M.Z.I. Act. The Court dismissed the appeals and affirmed the judgments and orders of the High Court, emphasizing that the confiscation is obligatory upon conviction.

Conclusion:
The Supreme Court dismissed all the appeals, affirming the High Court's judgments and orders, including the mandatory confiscation of the vessels. The Court also suggested that the Port Authorities at Bombay consider exemption or partial exemption of port charges due to the prolonged detention of the vessels. There was no order for costs.