NOOR ALAM Vs. CALCUTTA FORT TRUST

JUDGEMENT

(1.) This writ petition dated April 7, 2000 was taken out praying for an order directing the Port Trust to release the petitioner's motor vehicle AS-13/0505.

(2.) On the basis of a valid permit issued by the competent authority, in terms of the by-laws of the Port of Calcutta (No. 206 dated July 22, 1948), the vehicle was being used within the port area in the month of October 1990. It was working for one M/s. United Forwarding Agency, a custom's house agent. On October, 16, 1999 it got involved in an accident. At the time of discharging the logs from the vessel onto the trailer of the vehicle one log fell on a bollard and smashed it. Consequently the port trust detained the vehicle.

(3.) Thereafter it called upon the forwarding and clearing agent to take steps for payment of Rs. 1,60,474/- on account of charges necessary for repairing the damaged bollard. The clearing and forwarding agent by letter dated November 10, 1999 called upon the consignee (Mascot Woodcrafts Private Limited) to instruct the transporter to clear the charges and get the vehicle released. A copy of that letter was sent to one Shanti Enterprises. By a legal notice dated November 12, 1999 the petitioner (he was the owner of the vehicle) called upon the Port Trust to release the vehicle. It was alleged that the vehicle had been wrongfully detained, because the accident had taken place because of negligence on the part of mem bers of the staff of the Port Trust arid 'the dock labour board. Since the vehicle was not released, he took out the present writ petition.