- (1.)This petition under Article 227 of the Constitution of India read with Section 482 Cr. P.C. has been filed by one of the accused, Radheshyam Khemka, for quashing of the proceedings of prosecution pending against him in the Court of Metropolitan Magistrate, 7th Court, Calcutta, in Case No. C/452/1970 under Section 5 of Import and Export (Control) Act, 1947, T. R. 134/70.
(2.)Seven accused were tried before the Court for the offence under Section 5 of Import and Export (Control) Act, 1947, for contravention of conditions of licence of impart of goods imported for utilisation at the factory at Patna and instead of those being utilised at Patna were sold some-where in Calcutta for which violation the present prosecution was launched.
(3.)One of the relevant conditions of the licence was "All items of imported goods shall be used only in the licence-holders' factory and no portion thereof will be so1d to or permitted to be utilised by any of the parties. "The allegation of the prosecution case was that those goods were sold in Calcutta instead of those being utilised in the factory at Patna.
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