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1970 (9) TMI 37 - SC - CustomsBreach of the licence - Held that:- The view of the High Court does not seem to be sustainable on the statutory language and on the Import Control Policy of which the respondents were fully aware. Their own application is proof positive of their awareness of the true position and the breach of the conditions of the licence on their part was deliberate. Indeed, as observed earlier, the permission for the import of the second press was apparently sought with the object of its resale. Breach of conditions for import of goods is a serious matter because it prejudicially affects our country's national economy. The import licence for the second press having, in our view, been sought on false representation with the object and purpose of its resale the breach of the licence was, therefore, fully intended and designed. The respondents are guilty of malpractices and of abuse of the import licence with the object of making money. We, however, think that in view of the fact that this litigation has been pending since a long time it would meet the ends of justice if we impose merely fine and do not sentence anyone to imprisonment. The final result is that the order of the High Court is set aside and accused Nos. 1, 2, 3 and 5 are convicted under Section 120-B, I.P.C. and Section 5 of the Imports & Exports Act, 1947 read with Clause 5 of the Import Control Order 1955 and each of the accused Nos. 2, 3 and 5 are sentence to pay a fine of ₹ 2,000/- under each count. Accused No. 1 who is the principal culprit and who was sentenced by the trial court to imprisonment and fine is sentenced to pay a fine of ₹ 5,000/- under each count. In default of payment of fine the defaulting accused persons will undergo rigorous imprisonment for three months. The Company is convicted only under Section 5 of the Imports & Exports Act read with Clause 5 of the Import Control Order and sentenced to pay a fine of ₹ 2,000/-.
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