DURAISAMY Vs. N THANDAVARAYAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment of the learned First Additional District Judge, Salem, in A.S.No.105 of 1983, dated 22.11.1984. The defendant is the appellant in the above second appeal.

(2.) THE plaintiff had filed the suit for recovery of Rs.25,000 with interest by way of special and general damages from the defendant and for directing the defendant to return the account books and M.L.4 licence.

(3.) IT is true that the findings of the learned appellate Judge in the context of the finding given by this Court in the earlier proceedings cannot be sustained nor can the accused be responsible for the actions of successor-in-office. But at the same time, the issue which has to be considered is as to whether the conduct of the appellant to the extent of his acts was justified in the discharge of his duties in his official capacity as Inspector of Police. His very conduct as admitted in the evidence that he did not take any steps to ascertain as to whether the seized barrels contained Khandasari Molasses or not would disclose that he was not acting bona fide but was only interested in harassing the plaintiff. In fact he has also admitted in the evidence that no licence was necessary for khandasari molasses and that he did not take any steps to ascertain about the actual contents of barrels which was seized from the plaintiff. This circumstance alone is sufficient to hold that the appellant had behaved and acted in excess in his jurisdiction and not in the bona fide discharge of his duties. If he had any suspicion as regards the nature of the contents, he should have proceeded to arrest the plaintiff only after ascertaining that the plaintiff had committed any illegality. Even though the seizure may be justified on the basis of reasonable suspicion or apprehension, the arrest of the accused without even ascertaining the nature of the contents of the barrels cannot be but motivated. No public official can be allowed to act so indiscreetly and seek protection under any immunity attached to a public office.