LAWS(SC)-1953-5-3

SHRINIVAS PANNALAL CHOKHANI Vs. STATE OF MADHYA PRADESH

Decided On May 29, 1953
SHRINIVAS PANNALAL CHOKHANI Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) THE judgment of the court was delivered by

(2.) THIS is an appeal by special leave from the decision of the High court of judicature at Nagpur confirming the conviction and sentence passed upon the appellant by the court of the Magistrate first class, Akola.

(3.) THE prosecution challenged the validity of the permit on various grounds all of Which were negatived by the High court and the High court found that the appellant was in prossession of a valid permit which was altered as above and was operative up to 31/12/1946 and which authorised him to export 500 tons of chuni bharda to kalyan Once that permit was produced by him the appellant' discharged the onus which lay upon him to prove that he had the required permit. THE only thing which survived for the consideration of the court was whether the commodity which was being exported fell within the description of chuni bharda.