Law: Imports and Exports (Control) Act, 1950

Section: 3

(a) Essential Commodities (Control of Distribution) Order, 1953, S. 6----Disposal of imported goods in contravention of conditions of import licence-Import and Export (Control) Act (XXXIX of 1950), Ss. 3, 5-Misuse of licence-Hoarding and Black Market Order (XIV of 1956), Ss. 2 (2) (ii) (v), 3---Dealing in black market-Penalty-Importer possessing sub-authorisation for import of goods entering into agreement with another allowing him to do "all" acts incidental to import of goods and to their subsequent disposal, and receiving beforehand an ascertained amount (representing profit)--­Guilty of misuse of licence-Punished under S. 3 read with S.2 (2) (ii) (v), Hoarding and Black Market Order, 1956--­Defence plea of `forward contract" or of "agreement of agency" to explain away agreement of sale, held, not sustainable (in circumstances of case). (b) Essential Commodities (Control of Distribution) Order, 1953, S. 6---"Sell"-Hoarding and Black Market Order (XIV of 1956), S. 2 (2) (ii) - "Selling"-Both expressions used in "popular" sense and not in "technical" sense of S. 4, Sale of Goods Act (III of 1930)-Completion of "sale" not dependent on obtaining "release order" from Controller-General of Prices and supplies-[Lambert v. Rowe (1914) 1 K B 38 ref.]. (c) Sale-Agreement of sale-Collateral agreement as to buyer's subsequent use or disposal of goods sold-Not incompatible with agreement of sale-Sale of Goods Act (III of 1930), S. 4-----­[M Bain v. Wallace & Co. (1881) VI A C 588 ref.]. (d) Essential Commodities (Control of Distribution) Order, 1953, S. 6---Dispose of"-Carries wider meaning than "sell"---[Amrit Banaspati Co. Ltd. v. Emperor A I R 1947 Born. 306 ref.]. (e) Criminal Procedure Code (V of 1898), S. 237 read with S. 423 (1) (a)-Charge under one offence, conviction under another-Accused charged for using import sub-authorisation against provisions of Import and Export (Control) Act (XXXIX of 1950), S. 3-Revisional Court reversed charge (in absence of prejudice) and held accused guilty under S. 3, Hoarding and Black Market Order, 1956. JUDGMENT WAHIDUDDIN AHMED, J.-This is a Government Appeal against the order of acquittal passed by Mr. Kamberalibeg M.…

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