JUGAL KISHORE BAJORIA Vs. REPUBLIC OF INDIA

JUDGEMENT

(1.) THE petitioner, who was convicted by the Additional Chief Judicial Magistrate, Bhubaneswar under Section 5 of the Imports and Exports (Control) Act, 1947 (hereinafter referred to as the 'Act') and sentenced to undergo R. I. for six months and pay fine of Rs. 1,000/ -, in default, to undergo R. I. for a further period of one month, having been unsuccessful in appeal (Criminal Appeal No. 113/77) preferred against the aforesaid order of conviction and sentence before the Sessions Judge, puri, has come up in revision.

(2.) THE petitioner as the proprietor of M/s. Cuttack Industries, Malgodown, Cuttack, obtained an import licence from the Assistant Collector of Imports and Exports, Calcutta, for importing non -essential oils and other materials for the purpose of manufacturing longings and toffees. On the strength of the licence (Ext. 2) he imported 1441 Kgs. of orange oil, 400 Kgs. of lemon oil amongst others. It is alleged by the prosecution that the accused, instead of utilising the lemon oil and orange oil for the preparation of lozenges and toffees for the purpose for which the licence was granted to him, sold 1,395 Kgs. of orange oil and 385 Kgs. of lemon oil without the permission of the competent authorities, and thus violated the conditions of the licence and made himself liable tender Section 5 of the Act.

(3.) IN this case the issue of the import licence (Ex. 2) in favour of the petitioner and the actual import of 1,441 Kgs, of orange oil and 400 Kgs. of lemon oil are not disputed. But the case of the petitioner is that he has not mis -utilised the imported orange oil and lemon oil in violation of the conditions of the licence as alleged by the prosecution and in any event there is no evidence that mis -utilisation, if any, was done with the petitioner's knowledge or connivance so as to render him liable under Section 5 of the Act.