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Judgment
TARA VITASTA GANJU, J.: (Oral)
The present Petitions have been filed inter alia seeking the following prayer:
“i.Issue a writ in the nature of certiorari for quashing and setting aside the impugned Examination report dated 7.12.2016 issued by the Respondent No. 2;”
Learned Counsel appearing on behalf of the Respondents submits that the Counter Affidavit has been filed by the Respondents in W.P.(C) 11757/2018. He seeks and is granted liberty to adopt the same Counter Affidavit in W.P(C) 11732/2018.
Learned Counsel appearing on behalf of the Petitioner submits that the Impugned Examination Report dated 07.12.2016 [hereinafter referred to as “Report’] issued by the Respondent No. 2 is bereft of any details. The relevant portion of the Report is reproduced below:
| S.No | Description of the objects & Material | Decision taken |
|---|---|---|
| 1. | One pair of bracelets studded with red and white stones (Early 19th Century) | ANTIQUITY |
| 2. | One bracelet studded with small red and green stone. (Early 19th Century) | ANTIQUITY |
| 3. | One bangle studded with red stone outside and greenish design inside. (Early 19th Century) | ANTIQUITY |
| 4. | One pendent with Kundan work. (Early 19th Century) | ANTIQUITY |
| 5. | One cone shaped Sheath Cover studded with red and green stones. | NON- ANTIQUITY |
| 6. | One brown color sheath cover (Tehnal) having yellow floral design. (Early 19th Century) | NON- ANTIQUITY |
| 7. | One handle made of a Crystal having yellow carving and red stone studded on both sides. (Early 18th Century) | ANTIQUITY |
| 8. | Onen light green horse shaped Jade dagger hilt having perforated floral designed bottom (Late 17th Century) | ANTIQUITY |
| 9. | One metal box having a handle at top | NON- ANTIQUITY |
| 10. | One octagonal metal box having two small holes and one metal leaflet covering the similarly shaped cavity (Early 19th Century) | ANTIQUITY |
| 11. | One metal vessel having a top with a hole on dome shaped lid, two curved edges and an outlet (surahi/Spouted vessel) (early 19th Century) | ANTIQUITY |
| 12. | One Helmet having an attached iron gauge and a yellow colored metal top. | NON- ANTIQUITY |
Learned Counsel appearing on behalf of the Petitioner further submits that he limits the prayer in the present Petition to the Respondent No. 2 providing the reasons for the Report filed.
This Court has examined the Report. The Report other than giving a description of the objects and materials, only gives a one/two word decision i.e., “Antiquity”/“Non-Antiquity’. It does not give any reason whatsoever for the statutory authority reaching such a conclusion.
In view of the above, the Petition is allowed. The Respondent is directed to provide to the Petitioner, the reasons for the decision which was taken on 07.12.2016 within a period of eight weeks. This communication shall be issued to the Petitioner by acknowledged registered post.
The Respondent No.2 is also at liberty to undertake a fresh examination of the articles seized and give its fresh report within the same period as well.
In the meantime, while the directions of this Court are being complied with, no coercive steps shall be taken against the Petitioner in pursuance of the Report.
This Order is being passed without prejudice to the rights and contentions of both parties. In the event, the Petitioner is aggrieved by the reasons/fresh report filed by Respondent No.2, liberty is granted to the Petitioner to challenge the same in accordance with the law.
The Petitions are disposed of in the aforegoing terms. Pending Applications stand closed.