Mandatory confiscation under maritime fishing law leaves no judicial discretion once conviction is recorded for permit breaches.

Section 13 of the Maritime Zones of India Act, 1981 was construed as making confiscation mandatory after conviction for offences under sections 10, 11 or 12. Reading that provision with the scheme of the Act, the permit regime and the rules governing foreign fishing vessels, the phrase "shall also be liable to confiscation" was held to impose a compulsory statutory consequence, not a discretionary power. The court therefore has no authority to release the offending vessel on mitigating grounds once guilt is recorded. The charterer was treated as the owner for this purpose, and the confiscation extends to the vessel, gear, stores, cargo and fish.

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Issues: Whether section 13 of the Maritime Zones of India Act, 1981 makes confiscation of the foreign vessel mandatory upon conviction of the master or charterer for offences under sections 10, 11 or 12, or leaves the court with discretion to release the vessel.

Analysis: The Act was enacted to prevent illegal fishing in the exclusive economic zone by foreign vessels and to provide deterrent punishment, including confiscation. Reading section 13 with the scheme of sections 3, 5, 10, 11 and 12, and the permit conditions and rules regulating fishing by foreign vessels, the words used in section 13 were held to express a compulsory statutory consequence. The phrase "shall also be liable to confiscation" was construed in the context of the Act as leaving no discretion to the court once conviction for an offence under sections 10, 11 or 12 is recorded. The authorities relied on by the appellants were distinguished on the basis of their respective statutory settings and, in the present Act, the charterer was treated as owner and had already been found guilty of breach of the permit conditions.

Conclusion: Section 13 mandates confiscation of the offending vessel and its related gear, stores, cargo and fish upon conviction for the relevant offence. The court has no discretion to withhold confiscation on grounds of mitigating circumstances.

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