FIRM LAXMI DUTT ROOPCHAND Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal by special leave turns on the question as to whether the appellant can claim damages against the Union in respect of a consignment delivered for carriage by the Railway Administration.

(2.) The respondent Jhanak Lal on 11 January, 1956 consigned 35 bags of brass for carriage by Railway from Sindi Railway Station to Mirzapur. The railway receipt was consigned to self. The Railway Police on 15 January, 1956 seized the goods at Sindi Railway Station.

(3.) Jhanak Lal was prosecuted in respect of the goods for an offence under Sections 379/411, Indian Penal Code. He was acquitted on 27 June, 1957. The Magistrate mentioned in the judgment that the brass which had been seized be returned to Jhanak Lal. It may be stated here that the Criminal Court made the aforesaid order because Jhanak Lal being the consignor and consignee was prima facie entitled to possession.