Article 19 protection unavailable to foreign shipping companies and a non-citizen corporation challenging customs penalties under Sea Customs Act.

Foreign companies whose vessels contravened Section 52A of the Sea Customs Act could not invoke Article 19(1)(f) to challenge the validity of the provision or the penalties imposed in lieu of confiscation under Section 167(12A) read with Section 183. The Shipping Corporation of India also could not rely on Article 19(1) because it was not a citizen of India. On that reasoning, the constitutional challenge to Section 52A and the associated penalties failed.

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Issues: Whether foreign companies and the Shipping Corporation of India could successfully challenge the validity of Section 52A of the Sea Customs Act and the penalties imposed under the Act by invoking Article 19(1)(f) of the Constitution of India.

Analysis: The common controversy concerned the construction and effect of Section 52A of the Sea Customs Act in cases where fines had been imposed in lieu of confiscation under Section 167(12A) read with Section 183 of the Sea Customs Act. The Court held that foreign companies, whose vessels had contravened Section 52A and on whom penalties had been imposed, were not entitled to claim the fundamental right under Article 19(1)(f) of the Constitution of India. The Shipping Corporation of India likewise could not rely on Article 19(1) because it was not a citizen of India.

Conclusion: The constitutional challenge failed, and the challenge to the penalties under Section 52A did not succeed.

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