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2006 (3) TMI 421
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....pondent. [Order]. - This appeal is directed against order-in-Appeal dt. 27-4-2005 wherein Commissioner (Appeals) set aside the absolute confiscation of the goods sought to be exported and confiscation of other goods which were sought to be exported along with these goods. 2. Considered the submissions made by both the sides and perused the records. I find from the order-in-Appeal, th....
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....be treated as obscene. I also find that the definitions given in the various dictionaries to the word "obscene" cannot be applied to the naked statues of the Baby Ganesha or Bal Ganesha in crawling position. I reproduce some of them, obscene means : (i) Offensive to modesty or decency or offensive to morals. (ii) Offensive to purity of th....
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.... Indian Penal Code. Article 292 of IPC provides that a book, pamphlet, paper, writing, drawing, painting, representation, figure or any other object, shall be deemed to be obscene if it is lascivious or appeals to the prutent interest or if its effect is such as to tend to deprave and corrupt persons who are likely to read, see or hear the matter contained or embodied in it, except if the publicat....
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....meaning should be assigned to it". 24. I also agree with the contention of the appellant that Shri Kailash Chand Sharma, Mahant of Moti Dugnari Ganesh Mandir is not an expert to distinguish between obscene statues and other statues of God. As no certificate about his being expertise in this field, issued by the recognised institution, has been furnished by the adjudicating authority, there....