1999 (3) TMI 360

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..... on a Pedestal, totally valued at Rs. 95 lakhs, attempted to be exported under Shipping Bill dated 30-4-1992 in contravention of Section 3 of the Antiquities and Art Treasures Act, 1972 which prohibits export of antiquities outside India, confiscated remaining brass, wooden, iron and stone artware covered under the same shipping bill, and imposed a penalty of Rs. 5 lakhs on the first appellant, penalty of Rs. 1 lakh on the second appellant and penalty of Rs. 10 lakhs on the third appellant. The first appellant has been penalised as he is the person who had filed the papers for the export of the consignment in the name of M/s. Nova Fashions, as the representative of M/s. S.K. Bhatnagar Co., Custom House Agent. Penalty has been imposed on th .....

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..... five objects on the said date and declared two objects as non-antiquities and three objects as antiquities, as per decision, indicated against each :- S.No. Description Size Decision 1. Stone slab depicting foot prints, stone Cms 55x36.5 Non-antiquity 2. Part of a door jamb showing yamuna standing on tortoise with a female attendant, Stone 52.5x26 Non-antiquity 3. Part of a pillar depicting Dharmachakra and other decorated motifs, Stone 129x26.6 Antiquity 4. Part of a pillar depicting stupa and other decorated motifs, Stone 93.5x28.5 Antiquity 5. Seated Jaina Thirthankara in Dhyana on a pedest .....

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..... that any notice for hearing on any date subsequent to 30-6-1994 (which is prior to the date of cross-examination of Narayan Singh) was sent to R.K. Jain who has established before us with reference to the records that he had shifted his residence and intimated the Customs authorities of the change of address vide his letter dated 21-3-1994 (Page 100 of the paper book) and that the notice for hearing on 30-6-1994 was sent to him at his new address and he appeared, but asserts that no notice for any subsequent hearing was ever received by him. We are of the view that it was incumbent upon the adjudicating authority to issue notice of hearing to R.K. Jain after conducting cross-examination of Narayan Singh and non-issue of notice for personal .....

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