Judgment

RAGHUBAR DAYAL, J. : This appeal, by special leave, is against the order of the High Court of Bombay allowing the State appeal and convicting the appellant of the offence under S.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 fine of Rs. 2,000/-

2. The appellant was the Chairman of the Malegaon Powerloom Sadi Manufacturer s Cooperative, Association Ltd. hereinafter called the Association. There were six other members of the Association. All the members were powerloom weavers. The appellant as Chairman of the Association, applied for and obtained the licence dated January 2, 1956, for the import of certain quantity of art silk yarn by the Association The Licence was issued subject to the condition that the goods would be utilised only for consumption as raw material or accessories in the licence-holders factory and that no portion thereof would be sold to any party. The Association could not arrange for the necessary finances and therefore had the goods imported through Warden and Co., who financed