Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Imports· (Control) Order 1955 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Import and Export - Powers to prohibit or restrict import and Export - Scope of - License to import goods issued subject to condition not to sell goods imported - Contravention of the condition - License, if liable to punishment - Import and Export (Control) Act, 1947 (XVIII of 1947), ss. 3, 5 - Imports (Control) Order, 1955, cl. 5, sub-cls. (2), (4). The appellant as the Chairman of the Power loom Sadi Manufacturer's Co-operative Association, obtained the licence for the import of certain quantity of art silk yarn by the Association. The licence was issued subject to the condition that the goods would be utilised only for consumption as raw material or accessories in the licence-holders' factory and that no portion thereof would be sold to any party. The Association could not arrange for the necessary finances and therefore had the goods imported through Warden & Co., who financed the transaction. Part of the goods received was utilised in accordance with the condition of the licence, the rest was how· ever sold by Warden & Co., and the amount was paid to the Association by way of profits. The appellant and the other members of the Association were· prosecuted for committing the offence under s, 5 of the Imports· and Exports (Control) Act,1947, for having contravened the Imports (Control) Order, 1955, but all of them were acquitted by the trial court. The State appealed against the acquittal of the appellant alone which was 'allowed by the High Court and the appellant was convicted and sentenced to three months' rigorous imprisonment alongwith a fine of Rs. 2,000/-• |
Judge | Hon'ble Mr. Justice Raghubar Dayal |
Neutral Citation | 1963 INSC 20 |
Petitioner | Abdul Aziz Aminudin |
Respondent | State Of Maharashtra |
SCR | [1964] 1 S.C.R. 830 |
Judgement Date | 1963-02-07 |
Case Number | 168 |
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