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[5.1] As per section 3 of the aforesaid Act, 1972, on and from the commencement of the aforesaid Act, 1972, it shall not be lawful for any person, other than the Central Government or any authority or agency authorized by the Central Government in this behalf, to export any antiquity or art treasure. Considering sub-section (2) of Section 3, even whenever the Central Government or any authority or agency referred to in sub-section (1) intends to export any antiquity or art treasure such export shall be made only under and in accordance with the terms and conditions of a permit issued for the purpose by such authority as may be prescribed. As per Section 5 of the aforesaid Act, 1972, no person shall, himself or by any other person on his behalf, carry on the business of selling or offering to sell any antiquity except under and in accordance with the terms and conditions of a licence granted under Section 8. Section 14 of the Act, 1972 deals with registration of antiquities. Section 25 of the Act, 1972, is with respect to the penalty and sub-section (1) of Section 25 deals with exports or attempts to export any antiquity or art treasure in contravention of Section 3 of the Act, 1972 and if any person himself or by any other person on his behalf, exports or attempts to export an antiquity or art treasure in contravention of Section 3, he shall, without prejudice to any confiscation of penalty to which he may be liable under the provisions of the Customs Act, 1962, as applied by Section 4, be punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine. As per sub-section (2) of Section 25, if any person contravenes the provisions of Section 5 or Section 12 or 'sub-section (2)' or 'sub-section (3)' of Section 13 or Section 14 or Section 17, he shall be punishable with imprisonment for a term which may extend to six months or with fine or with both and the antiquity in respect of which the offence has been committed shall be liable to confiscation. Under sub-section (3) of Section 25, if any person prevents any licensing officer from inspecting any record, photograph or register maintained under Section 10 or prevents any officer authorized by the Central Government under sub-section (1) of Section 23 from entering into or searching any place under that sub-section, he shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both.

Sections 25 and 26 of the Act, 1972 reads as under:

25. Penalty.-(1) If any person, himself or by any other person on his behalf, exports or attempts to export an antiquity or art treasure in contravention of Sec.3, he shall, without prejudice to any confiscation of penalty to which he may be liable under the provisions of the Customs Act, 1962 (52 of 1962), as applied by Sec.4, be punishable with imprisonment for a terms which shall not be less than six months but which may extend to three years and with fine.

Thus, considering the aforesaid provisions of the Act, 1972, whenever it is alleged that any person has exported or attempted to export any antiquity or art treasure in contravention of Section 3, sub-section (1) of Section 26 of the Act, 1972 would be applicable and no prosecution for the said offence is maintainable except by or with the sanction of such officer of Government as may be prescribed in that behalf. In the present case, we are concerned with the allegation for the offence punishable under sub-section (1) of Section 25 of the Act, 1972. It appears from the communication dated 03.08.2009 (Annexure F) that Director General, Archaeological Survey of India is the competent authority/authorized officer to grant sanction to institute the prosecution. On making an appropriate application by the aggrieved person to the said authority, the Director General, Archaeological Survey of India is either authorized to file/lodge the complaint before the prosecuting agency or he may authorize any person/applicant to institute the prosecution for the alleged offences under sub-section (1) of Section 25 or he may refuse to grant sanction in accordance with law and on merits. In the present case, it appears that petitioners have not approached the Director General, Archaeological Survey of India alleging contravention of sub-section (1) of Section 25 with respect to the aforesaid two antiquities i.e. (1) " Seven String Pearl Necklace" and (2) " Star of the South Diamond".