D.V.PATEL, V.G.WAGLE
K. Lakshminarayanan – Appellant
Versus
Deputy Chief Controller of Imports and Exports, Madras and Anr. – Respondent
1. The petitioner in both these petitions alleges that he is a partner of a dissolved firm named Bangalore Stores in Salem District. The firm was manufacturing and exporting handloom fabrics and its then partners were the petitioner, K. Damodaran, K. Govindarajan and O. V. Krishnaswami Chettiar. The said firm obtained licenses for import of silk yarn for the purposes of its business from the Chief Controller of Imports and Exports with certain terms attached to the licences. Later investigation apparently showed that the said partnership had committed breaches of the terms of license, particularly the term that the said goods after import shall be used for its own manufacture. After this was discovered, the Deputy Chief Controller of Imports and Exports filed two complaints in the Court of the Additional Chief Presidency Magistrate at Bombay on July 5, 1968 alleging that the said firm and its partners had committed breaches of the terms of the licenses issued to them. The firm in fact never received any of the goods but only the licences appeared to be sold. According to him, offences punishable under Section 5 of the Imports and Exports (Control) Act, 1947, rea
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