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TMI Blog1965 (2) TMI 122X X X X Extracts X X X X X X X X Extracts X X X X ..... uding 6 tons of rods, 151/2 tons of joints and 2 tons of G.C. Sheets. He is alleged to have purchased these articles on the basis of the above permits between July 1957 and March 1958. The permits were obtained on three applications made by the respondent. Only two applications are in the printed record. The first application is dated May 23, 1957, and is addressed to the Provincial Iron and Steel Controller, Kanpur, through the District Magistrate, Deoria. In this application the respondent stated that he was a political sufferer and he was constructing a public temple for which he required five tons of M.S. Round and eight tons of Girder. He further stated that the requirements were nor available at Deoria and as such the application shou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng question: It is alleged that the iron obtained under the permits mentioned in questions 2, 3 and 4 was not utilised for the purpose for which it was taken. What have you to say in this respect? The respondent s reply was: No. Whatever iron 1 got, I used it in the temple situate in mauza Tinbari, P.S. Madhubam district Azamgarh, which is my place of residence as well. Before the Magistrate the accused had admitted to have purchased about 17 tons of iron. The Magistrate held it proved that the accused had atleast purchased one ton more from one Mishri Lal, P.W. 7. Thus, he came to the conclusion that the accused had purchased at least 18 tons of iron. He further held that on the evidence it was clear that only 3/4 ton of ro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ere it was to be constructed does not appear to have much significance. Further no time-limit is given during which the entire quantity of iron should be utilised. Accordingly he held that there had been no contravention of cl. 7 of the Control Order. The State appealed to the High Court. Srivastava, J. dismissed the appeal holding that there had been no contravention of cl. 7 of the Control Order. According to him, two essentials are necessary before there can be contravention of el. 7. In the first place the iron and steel should be used ; secondly it should be used otherwise than in accordance with the conditions contained or incorporated in the document which was the authority for the acquisition. He held that the first con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t cannot be said that a condition of the permit has been broken because the assurance given in the application has not been carried out. Mr. B.C. Misra, learned counsel for the appellant. has urged before us that on the facts found by the learned Sessions Judge. cl. 7 of the Control Order has been contravened. He says that the word use in el. 7 includes kept for eventual use for another purpose. He says that if one stores iron and steel. one uses it and the word use does not imply consumption only. Relying on Maxwell on Interpretation of Statutes, Eleventh Edition, p. 266. he says that we should give a wide construction to the word use in cl. 7. Clause 5 and the relevant portion of cl. 7 of the Control Order are as follow ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the word use . The passage relied on by the learned counsel in Maxwell is as follows: Wide Sense given to words: The rule of strict construction, however, whenever invoked, comes attended with qualifications and other rules no less important, and it is by the light which each contributes that the meaning must be determined. Among them is the rule that the sense of the words is to be adopted which best harmonises with the context and promotes in the fullest manner the policy and object of the legislature. The paramount object, in construing penal as well as other statutes, is to ascertain the legislative intent, and the rule of strict construction is not violated by permitting the words to have their full meaning, or the more extensiv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ad-making, but was merely passing through the county to a destination outside was being used within the country within the meaning of the section and the by-law. In the context, the word used was, with respect, properly construed. Collins, J., held that the object of the Act was evidently to protect the highways, and the effect of a steam-roller upon the highways may be just the same whether it be engaged in mending the roads or not . In conclusion we hold that it has not been established that the respondent had used the iron acquired by him in contravention of cl. 7 of the Control Order. The learned council further urges that the High Court erred in holding that the application cannot be referred to for the purpose of constr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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