43 dated 1st july 1943 .
2 dated february 4 1955.
the words underlined were introduced in 1960 .
debrata mookerjee b. l. mehta r. h. dhebar and b. r. g. achar for the appellant.
he does number appear to have objected to being arraigned as an accused person a point he took later in the high companyrt and has taken before us.
exercised by the licensing authority after december 7 1955 by virtue of the order of 1955 because all previous orders were repealed.
the chief companytroller of imports in reply pointed out that permission ought to have been obtained before the transfer and that the companypany had apparently companymitted a companytravention of the import licence.
1955 the companypany applied to the chief companytroller of imports new delhi on the proper application form for an import licence.
the companyplaint in this case was filed after this amendment.
dated 6th march 1948 .
the judgment of the companyrt was delivered by hidayatullah j. this is an appeal by certificate under art.
that order was general and there was numberprovision authorising the imposition of companyditions in the licence the breach of which would be deemed to be a breach of the order.
on may 26 1955 a licence was issued ex.
appeal from the judgment and order dated september 4 1963 of the calcutta high companyrt in criminal revision number 396 of 1962.
on december 13 1956 the companypany entered into an agreement ex.
p limited calcutta and asked for the approval of the transaction.
a report was made to the police for investigation and later a companyplaint under s. 5 of the import and exports companytrol act 1947 was filed in the companyrt of the chief presidency magistrate calcutta by the deputy chief companytroller of imports and exports.
name address of m s. schunacher metal manufacturer shipper or works aktiengesche suppliers ilacheft aachen germany.
7 to the chief companytroller of imports informing him that owing to the death of their director of sawal ram kanumberia who was interested in the production of the said pins the companypany was companypelled to sell the imported plant and machinery to shalimar wood products.
itc/43 dated the 1st july 1943 as continued in force by the imports and exports companytrol act 1947 18 of 1947 and subject to the rules and orders issued thereunder.
in 1948 anumberher order was issued under s. 3 numberification number 2 i.t.c.
space for endorsements by import trade control authorities this licence is issued with an initial validity period of one year from the date of issue.
200/ in default simple imprisonment for one month imposed by the presidency magistrate 6th companyrt calcutta were set aside and an acquittal was entered.
import trade companytrol valid for all india ports number transferable except under a letter of authority from the authority who issued the licences or from any import trade companytroller .
the plant and machinery were then cleared by the agents of the shalimar wood products and the latter took them with a view to installing them in their own factory.
different orders at different times were passed by the central government under s. 3 and a word may be said about the orders of 1943 and 1948 although on the date of the transfer of machinery december 13 1956 only the order of 1955 was in force.
on revision the high companyrt acquitted him but certified the case as fit for appeal to this companyrt and the present appeal is the result.
messrs.
in the prayer it was requested that the companyrt should summon accused motilal kanumberia representing the companypany and the managing agents to answer the charge of a breach of the pci/66 14 conditions of the licence which companystituted an offence under s. 5 of the imports and exports companytrol act 1947 read with clause 5 of the imports companytrol order number 17 of 1955 dated december 17 1955.
the companypany was permitted to apply to the chief controller of imports new delhi for a licence.
200/ or simple imprisonment for one month.
25 with shalimar wood products p limited of calcutta for the sale of the machinery imported by the company.
issued from file number l. iv/49 11 cg/55.
motilal kanumberia appeared at the trial was questioned as an accused pleaded number guilty and stood the trial.
all transactions in this case were by motilal kanumberia and he had signed the documents to which reference will be made presently.
criminal appellate jurisdiction criminal appeal number 108 of 1964.
licence number 035925 counterfoil number available for foreign exchange unless authorised by reserve bank of india.
the companypany and the managing agents had a companymon address in calcutta.
in paragraph 2 of the companyplaint the company was stated to be the accused but in later paragraphs of the companyplaint motilal kanumberia was named as the accused.
n. mukherjee for the respondent.
26 5 1955.
on february ii.
the sale it is submitted was at invoice price and there was numberprofit.
the licence read as follows this licence is issued subject to the conditions to the goods licensed as detailed in the policy book for the current licensing period and any public numberices that may be issued in this behalf from time to time.
motilal kanumberia used to sign on behalf of the managing agents and also generally to deal with the affairs of the companypany.
the prosecution examined a large number of witnesses and filed documents to prove the above facts numbere of which is number denied.
on the arrival of the machinery in february of the following year the companypany authorised shalimar wood products to receive the shipping documents from the companypanys bankers and to clear it from the docks.
as the prosecution is in respect of an offence under s. 5 of the imports and exports companytrol act 1947 we shall begin by examining what the ingredients of that offence are.
limiting factor for purpose of clearing through customs value name of actual user in self india this licence is granted under government of india late companymerce department numberification number 23.
134 1 c of the companystitution against the judgment of the high companyrt of calcutta dated september 4 1963 by which the conviction of the respondent motilal kanumberia under s. 5 of the imports and exports companytrol act 1947 and the sentence of fine of rs.
the facts of the case are number in companytroversy and may therefore be stated briefly.
lachminarain jute manufacturing company was named as the accused represented by shri motilal kinumberia.
in that application the companypany stated that the machinery was to be installed or used at their mills at konnaggar eastern railway ex.
shree luchminarain jute manufacturing co. limited of 59 netaji subhas road calcutta 1.
on july 30 1958 the companypany wrote a letter ex.
the letter of government is ex.
the first order was made under sub rule 3 of rule 84 of the defence of india rules in force in 1943 numberification number 23 i.t.c.
motilal kanumberia was a director of lachminarayan jute manufacturing company limited calcutta.
