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Report No. 29

Appendix 8

Existing Statutory Provisions Relating to Trafficking in Licences, Permits, Etc.

There are no direct provisions on the subject of trafficking in licenses. The provisions of the following enactments, however, may be noted.

Industries etc. Act, 1951

Sections 11, 11(a), 12(i), 13, 18 (G)(1)(b) read with section 24 which is the general penalty section, and section 24A, which is the penal section or false statements. See also section 30(1), (i), (j), (k), (1), (m) and (n).

The Imports and Exports (Control)Act (18 of 1947) section 3(1) read with section 5 which is the penalty section. Contravention, etc., of an order made under the Act or any condition of a licence granted under any such order is an offence punishable with an imprisonment upto one year or with fine or with both. The previous decisions as to whether a breach of condition of a licence would amount to an offence1-2are now obsolete after the amendment Act (4 of 1960). The goods can also be confiscated under section 3(2) read with the Customs Act. See AIR 1957 SC 648 on this point.

The Foreign Exchange Regulation Act(7 of 1947) section 4 (i), section 8(1), sections 21 and 22 (contracts inevasion of the Act, and false statement). Penalty is dealt with by section 23 for various situations, and also by section 23A.

Note.-Sometimes such offences may fall under sections 420, 467, 457 I.P.C. also, if permit books have been tampered with3.

1. AIR 1957 Cal 83.

2. AIR 1957 Cal 606.

3. Cf. State of Andhra Pradesh v. Subbaiah, AIR 1961.

Proposal to include certain Social and Economic Offences in the Indian Penal Code Back

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