TMI Blog2014 (8) TMI 244X X X X Extracts X X X X X X X X Extracts X X X X ..... stoms authorities for destruction. In the cases cited by the learned advocate, it is directed that the maps having any objectionable material in the book may be taken out from the book and destroyed in presence of the Customs authorities. The learned advocate for the appellant has made an offer that if, in the ‘UNESCO World Heritage Atlas', there is any objectionable material, the relevant pages may be taken out and destroyed in presence of Customs authorities. The Customs authorities, on being satisfied that in the left-out part there is no objectionable material or map, may release the ‘UNESCO World Heritage Atlas' to the appellant. Impugned order is otherwise upheld. However instead of absolute confiscation, book should be released af ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eld the order of the original authority. Aggrieved by the said order, the appellant is before this Tribunal. 2. The learned advocate for the appellant's main contention was that the impugned order did not appreciate that the publication does not directly or indirectly question the frontiers of India or territorial integrity. This question must be answered by considering the publication as a whole. He further argued that UNESCO' World Heritage Atlas' is not a normal atlas. It only indicates the world heritage site and gives information relating to that. The purpose is not to tell the frontier of India or territorial integrity. In fact the said map clearly indicates the dotted line and says that this is the line of control and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reprocessed goods conforming to the prescribed standards. 3. The learned AR, on the other hand, opposed the plea and reiterated the points made in the impugned order. He further stated that Notification No. 19-Cus. dated 6.3.1976 clearly prohibits any books, periodicals, pamphlets, leaflets or other documents containing any words, signs or visible representations which directly or indirectly questions the frontiers of Indian as declared by the Government or the territorial integrity of the country. He further drew attention to the standing order No. 53/2004 dated 31.12.2004 of JNCH, wherein it has been decided that in all such cases the goods will be confiscated absolutely. Learned AR also drew attention to the Hon'ble Supreme Court& ..... X X X X Extracts X X X X X X X X Extracts X X X X
|