AIR 1966 SUPREME COURT 78 ::1966 MadLJ(Cri) 585 ::(1966) 2 SCJ 200 ::(1965) 3 SCR 161 ::(1965) 2 SCWR 801 ::1965 SCD 885

Supreme Court Of India

(From Allahabad)*

Hon'ble Judge(s): K. N. Wanchoo, J. R. Mudholkar, S. M. Sikri , JJJ

Iron and Steel (Control) Order (1956) , Cl.5, Cl.7— Shall not use the iron or steel otherwise than in accordance with the conditions is permit - Interpretation of - Use, meaning - Mere non-user of iron acquired under permit - Does not amount to contravention of Cl. 7. The legislative intent of the Iron and Steel Control Order is that iron and steel should be utilised in accordance with the conditions contained in the permit, but there is nothing in this Control Order which evinces a legislative intent that a mere non-user is also prohibited and made punishable. There is nothing in the Control Order which requires that iron or steel acquired under the Central Order should be utilised within a specific time. The word 'use' must take its colour from the context in which it is used. The expression "use....in accordance with the conditions contained" in cl. 7 suggests something done positively, for example, utilisation or disposal. The word 'use' does not include mere "non-use".(Para 10 11) It is permissible to refer to the application for permit and the order to find out the purpose for which the iron was obtained.(Para 14) .....