APPASAMY Vs. STATE BY INSPECTOR OF POLICE, CBCID

JUDGEMENT

(1.) The above revision is filed against the order in STC No. 934 of 2002 dated 29.7.2002, wherein the petitioner is convicted for the alleged offence under Sec. 14(3) r/w Sec. 25(2) of Antiquities & Art Treasurers Act, 1972 (hereinafter called as "Act") and sentenced to pay a fine of Rs. 1,000.00, in default to undergo one month SI and the idol was ordered to be confiscated and sent to Tirunelveli Government Museum.

(2.) It is a case of the petitioner that for about four generations, the petitioner's family members are in possession of "Avvaiyar Idol" and the members of his family are worshipping the same and performing daily poojas. The petitioner and his ancestors are ignorant of the fact that the above idol comes within the meaning of "Antiquity" and it requires registration under the said Act. On receipt of an information that the petitioner has committed an offence under Sec. 41(d) and 102 of Cr.P.C, a case is registered by the respondent police in Crime No. 3 of 2001. Subsequently, after investigation, the petitioner is implicated for the alleged offence as stated supra, namely Sec. 14(3) r/w Sec. 25(2) of the Act.

(3.) The case of the prosecution is that the metal idol was sent to the Director of Archaeological Survey of India, New Delhi to ascertain as to whether the said "Avvaiyar Idol" was antique and the certificate, dated 18.1.2002 issued by the Archaeological Survey of India discloses that the idol recovered was "ANTIQUITY".