Supreme Court of India · 1966-03-15
STATE OF WEST BENGAL vs MOTILAL KANORIA
- Citation / case number
- SC 1964/90300
- Court
- Supreme Court of India
- Petitioner
- STATE OF WEST BENGAL
- Respondent
- MOTILAL KANORIA
- Author
- GAJENDRAGADKAR, P.B. (),WANCHOO, K.N.,HIDAYATULLAH, M.,SHAHC.,SIKRI, S.M.
- Bench
- GAJENDRAGADKAR, P.B. (CJ),WANCHOO, K.N.,HIDAYATULLAH, M.,SHAH, J.C.,SIKRI, S.M.
Judgment text excerpt
The Supreme Court held that the respondent's sale of imported goods without permission constituted an offence under Section 5 of the Imports and Exports (Control) Act, 1947, as per clauses 5(3) and 5(4) of the Imports (Control) Order, 1955. The Court clarified that breach of a condition of the licence was deemed a breach of the Order, thus making the respondent personally liable. The High Court's acquittal was overturned, affirming that the conditions of the licence were enforceable and applicable to the respondent's actions.