JUDGMENT - Naik, J.

(1) This is an appeal by the State from an order of acquittal. The material facts lie within a narrow compass and may be briefly set out as follows: There is a Co-operative Society known as Malegaon Powerloom Said Manufacturers Co-operative Association, Ltd., Malegaon. This Society was registered under the Co-operative Societies Act. The respondent (original accused No. 1) was the Chairman and Mohamed Gofran, Mohammed Amir Gofran, Mohamed Ishak, Mohammed Siddik, Abdul Majid, Abdul Rehman and Haji Imamuddin were members of the Society at the material time. On 10th January 1955 accused No. 1, as the Chairman of the Association, made an application for the issue of a licence for importing silk yarn for consumption in the powerlooms of the members of the Association. On 2nd January 1956 a licence was issued to the said Association permitting imports upto the limit specified therein. Warden and Co., who have their office at Bombay represent certain manufacturers in foreign countries. On 13th May 1956 accused No. 1 placed an order with Warden and Co., for importing 120 deniers and 150 deniers of silk yarn. Accordingly, Warden and Co., placed order with the foreign manu

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