JUDGMENT

B. Sudershan Reddy, J.

1. These appeals are directed against the order of Delhi High Court whereby the High Court dismissed the Writ Petition filed by the Appellants and refused to quash the FIR bearing No. RC SID 2004 E 001 registered by the CBI against the Appellants.

2. In order to appreciate as to whether the impugned order suffers from any infirmity, few relevant facts leading to filing of these appeals may have to be noticed.

RELEVANT FACTS

3. The Appellant No. 1--M/s Bowrings Fine Art Auctioneers Pvt. Ltd. had auctioned a number of paintings on 20th November, 2002. Two paintings titled "Reconciled" by Frederico Andreotti and "The kill" by George D. Rowlandson were purchased by M/s Tony Haynes of England. The said two paintings were to be exported. The Customs authorities had detained these paintings on the suspicion that the said paintings were antiques within the meaning of the provisions of the Antiquities and Art Treasures Act, 1972 (hereinafter referred to as `the Act'). The said paintings were examined by Deputy Superintendent, Archaeology Customs), Archeological Survey of India on 7.1.2003 and having opined that the paintings were antiques, referred the matter to the Director General, Archaeological Survey of India for final opinion under Section 24 of the Act. The said paintings were seized by the Department. This was followed by a complaint dated 6.1.2004 by Superintendent, Archaeologist (Ant.) DG/ASI (addressed to the Superintendent of Police, CBI) in which it is inter alia stated that after examination of the said two paintings, they were found to be antique in nature. After receiving the complaint, further verification was conducted by the CBI. On verification of facts, the CBI found prima facie the commission of offence under Section 3 of the Act punishable under Section 25(1) of the said Act. The CBI accordingly registered the FIR on 29.1.2004 under Section 120B, IPC read with Section 25(1) read with Section 3 of the Act. The CBI has after investigation filed the charge sheet against the Appellants company and two foreign nationals who purchased the said paintings in the auction.

4. Be it noted that after the filing of charge sheet, the Appellants filed Writ Petition (Civil) No. 16598 of 2004 in Delhi High Court challenging the report of Director General, ASI and for directing the Customs authorities not to proceed in the matter on the basis of the order dated 22.9.2004 passed by the Adjudicating Authority directing confiscation of the said two paintings under the Customs Act. In the said Writ Petition, the Petitioner clearly admitted the factum of CBI registering FIR and copy of the said FIR was also made available for the perusal of the Court. It may be noted that by the time the said Writ Petition came to be filed, CBI had filed its charge sheet on 24.08.2004 yet the Petitioner had not chosen to challenge the FIR and the charge sheet filed by the CBI. The said Writ Petition was disposed of by a consent order directing the competent authority to pass a fresh order on the basis of fresh report submitted by a fresh Committee. It was agreed by the Archaeological Survey of India in that Writ Petition to reconstitute a Committee for the examination of the paintings and to pass a fresh order in regard to the matter in controversy. It may also be noted that CBI was not even impleaded as a party Respondent in the Writ Petition.

5. That in compliance of the order dated 24.03.2005, a Committee consisting of six members was constituted to examine the said paintings. The Committee gave a fractured verdict due to which the competent authority could not give a final opinion.

6. The Appellants again moved another Writ Petition (Civil) No. 5656 of 2006 before Delhi High Court seeking appropriate directions against the ASI so as not to give effect to undated minutes of meetings dated 26.7.2005, 2,5 & 16.08.2005 on various grounds with which we are not concerned for the present in these appeals.

7. The High Court vide orde