Antiquity classification and cross-examination rights required fresh scrutiny before confiscating exported paintings.

Confiscation of exported paintings as antiques could not stand where the expert report from the Archaeological Survey of India was relied on without disclosure to the exporters and without affording cross-examination. The authorities also failed to properly evaluate the exporters' evidence that the paintings were of recent origin, leaving the statutory definition of "antiquity" under the Antiquities and Art Treasures Act, 1972 insufficiently examined. The confiscation and penalty orders were therefore set aside and the matter was remanded for de novo consideration, with fresh expert examination, disclosure of the report, and opportunity for cross-examination.

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Issues: Whether the confiscation of the exported paintings as antiques could be sustained when the expert report was not furnished and the expert was not made available for cross-examination, and whether the matter required remand for fresh examination in terms of the Antiquities and Art Treasures Act, 1972.

Analysis: The order of confiscation rested substantially on the opinion of the Archaeological Survey of India that the paintings were antiques. The report was relied upon behind the back of the appellants without adequate opportunity to test its contents through cross-examination. The orders of the lower authorities also did not deal properly with the evidence produced by the appellants, including their claim that the paintings were of recent origin. In these circumstances, the decision-making process was found to be deficient and the definition of "antiquity" under Section 2(1) of the Antiquities and Art Treasures Act, 1972 had not been properly examined.

Conclusion: The confiscation and penalty orders were not allowed to stand and the matter was remanded to the original authority for de novo consideration after fresh expert examination, disclosure of the report, and opportunity to cross-examine.

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