BRITISH AIRWAYS PLC vs UNION OF INDIA — C.A. No. 2762/2000

Summary: The Supreme Court dismissed British Airways' appeal, holding that despite not being technically the "person incharge" under Section 2(31) of the Customs Act 1962, the airline could be held liable under Section 148(2) as agents/representatives of the aircraft's commander for cargo shortages. The Court ruled that Sections 42 and 116 serve distinct purposes—Section 42 permits conveyance departure on prima facie satisfaction, while Section 116 allows subsequent penalty proceedings if goods are found short. Accepting the airline's argument would defeat the Act's purpose and render Section 148(2) meaningless. This case analysis is maintained by casestatus.in based on publicly available court records.