K T KOSALRAM Vs. STATE

JUDGEMENT

(1.) THE appellants have been convicted by the Chief Presidency Magistrate, Madras, under Section 5 of the Imports and Exports (Control) Act 1947, read with Clause 5 of the Imports (Control) Order 1955, and under Section 120-B I. P. C. read with the above sections. The first accused has been sentenced under Section 120-B to undergo rigorous imprisonment for six months and under Section 5 of the Imports and Exports (Control) Act 1947 read with Clause 5 of the Imports (Control) Order, 1955 to undergo rigorous imprisonment for six months and to pay a fine of Rs. 2000 and in default to undergo rigorous imprisonment for three months, the sentences to run concurrently.

(2.) ACCUSED 2, 3 and 5 have been sentenced to pay each a fine of Rs. 1000 under Section 120-B I. P. C. and Section 5 of the Imports and Exports (Control) Act 1947 read with Clause 5 of the Imports (Control) Order 1955 under each of the two counts and in default to undergo rigorous imprisonment for three months under each count. The fourth accused has been sentenced to pay a fine of Rs. 2000 under Section 120-B I. P. C. and a further sentence of fine of Rs. 2000 under Section 5 of the Imports and Exports (Control) Act 1947 read with Clause 5 of the Imports (Control) Order 1955. The revision petition has been filed by the State for the enhancement of the sentence.

(3.) IT is sufficient to state the facts briefly which will be relevant for deciding the issues raised in these appeals, as the scope of controversy is very much limited before me. The fourth accused Messrs. Dina Seithi Ltd. , is a public limited company of which the first accused was the Director in charge of the administration and management. The second accused, the brother of the first accused, is one of the Directors of M/s. Dina Seithi Ltd. The third accused was the Manager of Messrs. Mohan Ram Press, the printers for the fourth accused. The wife of the first accused, Smt. Gomathi Devi was the sole proprietrix of Messrs. Mohan Ram Press. The fifth accused was a broker engaged in the negotiations for purchases and sales of printing machines.