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TMI Blog2015 (1) TMI 1080X X X X Extracts X X X X X X X X Extracts X X X X ..... Court, the matter was re-examined by the special constituted committee. The committee after detailed analysis allowed one of the statute non antiquity. However, regarding decorated female figure with two hands and legs missing, they maintained that it is antiquity on the basis of treatment of ornaments, eyes, nose, rounded face and drapery this female image in red sandstone is assigned to 10th - 11th century. - Once a specialized committee have re-examined the matter and came to the conclusion, Commissioner (Appeals)'s view does not have finality in the matter. Considering the nature of the product has historical value, the product cannot be permitted to leave India till finalization of decision in the case. Accordingly, it is a fit case f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h the finding of committee. Being not satisfied with the finding of Committee, respondent have approached Hon'ble High Court of Rajasthan in writ petition. Hon'ble High Court observed that after going through the details of the case which reads as under: "The Division Bench disposed of the petition, directing the Director General, Archaeological Survey of India to either examine the articles in question himself or to get them examined by a competent person nominated by him. The Court further observed that the date, time and venue of examination may be intimated to the petitioner therein well in advance providing him sufficient opportunity to be present at the time of examination before the respondent. Learned counsel for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... heir re-examination. (b) The petitioner will also give full opportunity to be present at Dehradun by intimating the date and venue well in time. (c) More experts including eminent modern sculptor (s) in the relevant field needs to be co-opted for detail re-examination of the objects. 6. It is observed that main argument of the learned Counsel that the Commissioner (Appeals)'s finding in granting relief at para 7 of the order that on scientific examination both the objects were found to consist of artificial patination/colouration on the surface which were removed easily on application of chemical and hence cannot be attributed to be patination of age. Naturally formed patination is not likely to be removed easily. 7. Heard both side ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is debatable in nature. Once a specialized committee have re-examined the matter and came to the conclusion, Commissioner (Appeals)'s view does not have finality in the matter. Considering the nature of the product has historical value, the product cannot be permitted to leave India till finalization of decision in the case. Accordingly, it is a fit case for grant of stay on the operation of Commissioner (Appeals)'s order. 10. In view of above, stay application of the department is allowed. However, considering the urgency of the matter, it is decided to list the appeal on priority basis so that the matter can be finally disposed of. Accordingly on the request of the learned Counsel, the matter is for final hearing on 08.10.2014. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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