Copyright-infringing books were not prohibited for export, so customs confiscation and penalty could not stand.

Copyright-infringing books were held not to be prohibited for export under Section 51 of the Copyright Act, as that provision addresses sale, trade, distribution and import into India, not export. In the absence of any prohibition under either the Copyright Act or the Customs Act, mere infringement did not make the exported goods liable to confiscation under Section 113(d) or penalty under Section 114(iii). The appellants' role was also confined to domestic sale and did not extend to the export attempt, so confiscation and penalty were unsustainable and the appeal was allowed.

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Issues: Whether infringed copyright books were prohibited for export so as to attract confiscation under the Customs Act and penalty on the appellants.

Analysis: The export goods were confiscated and penalties were imposed on the footing that Section 51 of the Copyright Act, 1957 prohibited export of copyright-infringing books, thereby attracting Section 113(d) of the Customs Act, 1962 and consequential penalty under Section 114(iii) of the Customs Act, 1962. A plain reading of Section 51 showed infringement in relation to sale, trade, distribution and import into India, but no prohibition on export of such goods. In the absence of any prohibition under the Customs Act or the Copyright Act, the mere fact of copyright infringement did not render the export goods liable for confiscation. The appellants' role was also found to be confined to domestic sale, without involvement in the export attempt.

Conclusion: Export of the infringed books was not prohibited under law, the goods were not liable for confiscation, and the penalty imposed on the appellants was unsustainable. The appeal was allowed.

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