Release of imported atlas permitted after removal of objectionable map pages; absolute confiscation rejected, penalty sustained.

An imported atlas containing an allegedly objectionable map was not treated as liable to absolute confiscation where the disputed page carried a disclaimer and indicated the line of control without claiming official endorsement. Following its earlier approach, the Tribunal held that objectionable maps or pages could be removed and destroyed in the presence of Customs authorities, after which the remaining book could be released if unobjectionable. The offer to excise the material was accepted as reasonable, and absolute confiscation was not sustained. In view of the prolonged clearance delay, redemption fine was declined, but the penalty was maintained.

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Issues: Whether the imported atlas containing an allegedly objectionable map was liable to absolute confiscation, or whether it could be released after removal and destruction of the objectionable pages, while sustaining the penalty.

Analysis: The publication was examined as a whole, and the disputed map carried a disclaimer and indicated the line of control without purporting official endorsement. The Tribunal followed its earlier approach in similar matters that objectionable maps or pages could be removed and destroyed in the presence of Customs authorities, after which the remaining book could be released if found unobjectionable. In the circumstances of the case, the offer to excise the objectionable material was found reasonable. The Tribunal also considered the long pendency of clearance and declined to impose redemption fine, while maintaining the penalty.

Conclusion: Absolute confiscation was not sustained; the goods were directed to be released after removal of any objectionable map or pages, and the penalty was upheld without redemption fine.

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