C T A PILLAI Vs. H P LOHIA

JUDGEMENT

(1.) This revisional application is directed against an order of Sri K. C. Sen, Presidency Magistrate, Calcutta, discharging the accused Hari Prasad Lohia and Manick Chand Lohia in respect of an offence under Section 5, Exports and Imports' (Control) Act, 1947. The petitioner C. T. A. Pillai is Assistant Collector of Customs, Calcutta. The accused Hari Prasad Lohia is a Managing Director of a Company styled 'East India Commercial Co. Ltd., with its office at 38 Netaji Sub-has Road, Calcutta. The accused Manick Chand Lohia is an employee of Hari Prasad Lohia. The East India Commercial Co. Ltd., has a jute mill at Ellore in Madras State known as Srikrishna Jute Mills.

(2.) On 27-9-1948, Hari Prasad Lohia as Director of the East India Commercial Co. Ltd., filed an application to the Chief Controller of Imports, New Delhi, for a license for importing 20,000 fluorescent tubes and 2000 fixtures for fluorescent tubes from the United States of America. In the application he specified that the goods were required 'for own use', and not for sale. He was granted a license signed by M. L. Gupta, a licensing officer attached to the office of the Chief Controller of Imports, New Delhi and the license is dated 8-10-1948.

(3.) In the license granted the following condition was rubber-stamped: