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1963 (2) TMI 32 - SC - CustomsOrder of the High Court of Bombay allowing the State appeal and convicting the appellant of the offence under Section 5 of the Imports and Exports (Control) Act, 1947, hereinafter called the Act, for having contravened the Imports (Control) Order, 1955, hereinafter called the Order, and sentencing him to three months' rigorous imprisonment and a fine of ₹ 2,000/- challenged Held that:- The provision in clause 5 of the Order empowering the licensing authority to attach a condition to the effect that the goods covered by the licence shall not be disposed of except in the manner prescribed by the licensing authority is a valid provision which comes within the powers conferred by Section 3 of the Act on the Central Government.We do not consider that the sentence is severe in the circumstances of the case which indicate that from the very beginning the appellant, as Chairman of the Association, knew that the Association would not be able to utilise all the yarn to be imported under the licence applied for. The fact that Warden & Co., did pay over ₹ 5,000/- to the Association indicates that the goods did fetch a price higher than the price paid for their importation. The case appears to be a deliberate case of securing import licence with a view to mis-apply the goods imported. Appeal Dismissed
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