5,040/ by way of profits of the Association.
168 of 1961.
2,000/ .
Appeal by special leave from the judgment and order dated August 3, 1951, of the Bombay High Court in Criminal Appeal No.
The judgment of the Court was delivered by RAGHUBAR DAYAL,J. This appeal, by special leave, is against the order of the High Court of Bombay allowing the State appeal and companyvicting the appellant of the offence under s. 5 of the Imports and Exports Control Act, 1947, hereinafter called the Act, for having companytravened the Imports Control Order, 1955, hereinafter called the Order, and sentencing him to three months rigorous imprisonment and a fine of Rs.
They were acquitted by the trial Court.
After the disposal of the goods Warden Co, did pay to the Association a sum of Rs.
Shaukat Husain and P. C. Agarwala, for the Appellant.
99 of 1961.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
There were six other members of the Association.
The Association companyld number arrange for the necessary finances and therefore had the goods imported through Warden Co., who financed the transaction.
The appellant was the Chairman of the Malegaon Powerloom Sadi Manufacturers Cooperative Association Ltd., hereinafter called the Association.
The licence was issued subject to the companydition that the good, would be utilised only for companysumption as raw material or accessories in the licence holders factory and that numberportion thereof would be sold to any party.
February 7.
The appellant, as Chairman of the Association, applied for and obtained the licence dated January 2, 1956, for the import of certain quantity of art silk yarn by the Association.
All the members were powerloom weavers.
K. Daphtary, Solicitor General of India, D. R. Prem and R. N. Sachthey, for the respondent.
The State appealed against the acquittal of the appellant alone.
The appellant and the other members of the Association were prosecuted for companymitting the offence under s. 5 of the Act.
