The Court's decision highlights the importance of preserving and protecting antiquities and art treasures, emphasizing the role of statutory provisions and the need for proper custody, documentation, and display of these valuable artifacts.

PASAYAT, J.

( 1 ) ANTIQUITIES are, as Becon had written history defaced, or some remounts of history which have casually escaped the shipwreck of time. Faith and belief transform a piece of stone to be an idol or statue of God or Goddess. Conversely it becomes a show or decorative piece. It has become a matter of great concern that stone idols are being smuggled out of the country to become show-pieces in the drawing-rooms. This is not a new phenomenon, and even a century back such activities had caused concern as discussions infre would go to show. To regulate the export trade in antiquities and art treasures, to provide for prevention of smuggling of, fraudulent dealings in antiquities, and to provide for the compulsory acquisition of antiquities and art treasures for preservation in public places. The Antiquities and Art Treasures Act, 1972 (in short, the 'antiquities Act') has been enacted by Parliament in the Twenty-third Year of the Republic of India.

( 2 ) IT came to the notice of this Court that large quantities of antiquities which were stolen out of the places of worship are lying in different malkhanas of the State. Anxious considerations were given to work out modalities for preservation of these priceless articles which were taken out of the places of worship with the obvious object of selling them to unscrupulous dealers and in all likelihood they would have been smuggled out of the country. That is how suo motu action was taken on the basis of a report submitted by the Registrar (I and E) of this Court.

( 3 ) AT this juncture it is necessary to take note of various statutory enactments which have relevance. As referred to supra, the Antiquities Act is one such legislation. 'antiquity' and 'art treasure' have been defined as follows in Section 2 of the said Act. " 'antiquity' includes - (a) (1) (i) any coin, sculpture, painting, epigraph or other work of art of craftsmanship; (ii) any article, object or thing detached from a building or cave; (iii) any article, object or thing illustrative of science art, crafts, literature, religion, customs, morals or politics in bygone ages; (iv) any article, object or thing of historical interest; (v) any article, object or thing declared by the Central Government, by notification in the Official Gazette, to be antiquity for the purpose of the Act, which has been in existence for not less than one hundred year; and (2) any manuscript record or other document which is of scientific, historical, literary or aesthetic value and which has been in existence for not less than seventy-five years;

(b) 'art treasure' means any human work of art, not being an antiquity, declared by the Central Government by notification in the Official Gazette, to be an art treasure for the purposes of the Act having regard to its artistic or aesthetic value :provided that no declaration under this clause shall be made in respect of any such work of art so long as the author thereof is alive;"antiquities can be sold only under a licence as provided under Section 5. The licensee is required to maintain records, photographs and registers. Powers have been given to the Central Government for compulsorily acquiring the antiquities and art treasures under Section 19, and payment of compensation for such acquisition is provided for. The penal consequences which flow from breach of statutory prescription for making export of any antiquity or art treasure in contravention of Section 3 have been provided for, thereby regulating export trade in antiquities and art treasures.

( 4 ) BEFORE enactment of the Antiquities Act, the Antiquities (Export Control) Act, 1947 held the field. The said Act provided for controlling the export of objects of antiquarian or historical interest or significance. Experience in the working of the Act shows that in the modern set up the provisions contained therein are not sufficient with a view to preserving object of antiquity and art treasures in India. It was therefore felt des