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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
M.S.Sonak, Jitendra Jain
B.K.Polimex India Private Limited – Appellant
Versus
Union of India Ministry of Finance, Department of Revenue, Through its Secretary, Delhi – Respondent
| Table of Content |
|---|
| 1. obscenity cannot be defined without context. (Para 1 , 3 , 4 , 5) |
| 2. the 1964 notification prohibits obscene works. (Para 17 , 18 , 19) |
| 3. artistic merit must be weighed against obscenity. (Para 20 , 28 , 30) |
| 4. contemporary standards must guide obscenity assessments. (Para 50 , 51 , 52) |
| 5. petition granted; confiscation order quashed. (Para 69 , 70) |
JUDGMENT :
M. S. Sonak, J.
1. Precisely sixty years ago, in Ranjit D Udheshi Vs State of Maharashtra , 1964 SCC OnLine SC 52 the Supreme Court of India, speaking through Justice Hidayatullah, declared that in India, the angels and saints of Michealangelo do not need to be made to wear breeches before they can be viewed. Still, in 2024, the Assistant Commissioner of Customs prohibited the import and ordered confiscation (and possibly destruction) of seven drawings by world-renowned artists, viz. Mr. F N Souza and Mr. Akbar Padamsee on the ground that such artworks, in his opinion, were obscene.
2. Accordingly, we issue Rule. The rule is made returnable immediately at the request and with the consent of the learned counsel for the parties.
3. The Petitioner challenges the order dated 01 July 2024 issued by the Assistant Commis
The decision underscored that obscenity cannot be solely defined by nudity and criticized authorities for neglecting established legal tests and expert opinions in artistic evaluations.
Nudity alone does not constitute obscenity; artistic merit and contemporary community standards must be considered in determining obscenity under the Customs Act.
(1) Personal interests of importers who made improper imports are pitted against interests of national economy and more particularly, interests of farmers. Imposition of penalty on such importers is ....
Publications containing obscene elements intended to arouse sexual desire compromise public decency, thus failing the test of obscenity under Section 292 of the IPC.
(1) Vulgarity and profanities do not per se amount to obscenity.(2) All sex-oriented material and nudity per se are not always obscene – Obscenity must be judged with regard to contemporary mores and....
The exoneration of the Accused in adjudication proceedings on the same set of allegations as in the criminal trial can be considered an abuse of the process of the court if the contravention of the p....
The main legal point established in the judgment is that the exercise of discretion by the Customs Commissioner and the Appellate Tribunal must conform to the provisions of the Customs Act, 1962, and....
The main legal point established in the judgment is the requirement to comply with the statutory provisions and principles of natural justice, as outlined in section 124 of the Customs Act and Rule 1....
The principles of natural justice must be strictly adhered to in quasi-judicial proceedings; failure to do so renders punitive actions void.
Denial of redemption options in cases of absolute confiscation is lawful when goods are prohibited under the Customs Act due to non-compliance with Minimum Import Prices.
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