(1.) D. Rama Murthy is a Commission Agent at Khammam. He transported 573 bags containing 'Ravva' in a wagon box No.67304 of Raijways from Khammam station. The bags were to be delivered to two firms - K.R.Pulnaekar and Brothers and Abnnapurna Flour Mill at Gadagin the State of Mysore. The Vigilance Inspector of Civil Supplies, as respects the bags received an anonymous telephone complaint, to contain Rulgar wheat not ravva. On receipt of complaint, Crime No.39/1971 was recorded on March 15, 1971. The goods at Khammam Railway Station were seized by Civil Supplies Department. The bags were shifted to warehouse of the District Co-operative Marketing Society Limited. To avoid deterioration of the goods, later, the stock was sold in a public auction. Out of the sale proceeds, godown rent of Rs. 1,581-94 ps. was paid. The Judicial First Class Magistrate, Khammam on December 4, 1972 ordered the balance of sale proceeds be paid to Commission Agent.
(2.) In the course of the investigation, the Vigilance Inspector seized bill book, Exs.B-3 to B-6 of the Commission Agent, and Distribution Supply Register of Bulgar wheat maintained under the A.P. Gift goods (Prevention of Unlawful Possession) Act X. of 1965. He examined witnesses at Brabmanapalli village. When he did not find any incriminating evidence to prosecute the Commission Agent under Act X of 1965, he considered the feasibility to prosecute under the provisions of the A.P. Food- grains Dealers Licensing Order, 1964. Since no evidence was procured, no charge-sheet was laid either under the Act X of 1965 or under the Order 1964. The Commission Agent was finally discharged in the Criminal Court.
(3.) The instant civil suit was laid by the Commission Agent, after he was discharged, for recovery of Rs.22,000/- deducting Rs.30,964-46 ps. paid by the criminal Court. The suit was laid against the State Government, in that the Vigilance Inspector was not impleaded. The suit was principally resisted by the State of A.P. to hold, the seizure of bags, no doubt, was a tortuous act, but a plea of immunity was raised for tort under the State sovereignty.
ABOUT US "REGENT COMPUTRONICS PVT. LTD." is a Company incorporated in 1991 under the provisions of the Companies Act, 1956. Since its inception to 1995, the Company was busy in carrying out the activities related to various Banks' Job Work..
Read More
Sales: sales@the-laws.com
Support: info@the-laws.com
8000853936
9376168072
27, 4TH FLOOR, Agrawal Center, Ashram Road, Income Tax, Ahmadabad 380014.
LOGIN