Export-control conviction upheld where controlled goods were exported without a valid permit and factual findings were not reopened.

Export of controlled goods without a valid permit constituted the gravamen of the offence under the import-export control regime, and the conviction was sustained on that basis. The Court accepted the concurrent findings that the goods continued to belong to the appellants' concern, that they were exported through another firm, and that the licence-holder had not become the true owner. It held that no impermissible new case had been introduced at the appellate stage and declined to reopen those factual findings in special leave jurisdiction. The challenge therefore failed and the conviction was upheld.

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Issues: Whether the conviction under Section 5 of the Imports and Exports (Control) Act, 1947 read with Clause 3 of the Exports (Control) Order, 1954 was sustainable, and whether the High Court had made out a new case at the appellate stage.

Analysis: The export of linseed oil cake without a valid export permit was the gravamen of the offence. The record showed that the appellants, through Palriwala Brothers and the allied concern, took all steps for obtaining and utilising the licence, prepared the shipping documents, and effected the export in the name of another firm. The Court found no warrant for reopening the High Court's factual findings that the goods continued to belong to the appellants' concern and had not been sold to the named licence-holder. On that footing, the conviction did not rest on any impermissible new case and the challenge to concurrent findings of fact could not be entertained.

Conclusion: The conviction was upheld and the challenge failed.

Final Conclusion: The appeal was dismissed as the export in question fell within the prohibited conduct under the control order and the High Court's reasoning called for no interference.

Ratio Decidendi: In an offence under export-control legislation, the essential question is whether the controlled goods were exported in contravention of the licence regime; concurrent findings of fact on ownership and the manner of export will not be reopened in special leave jurisdiction absent grave error.

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