BIMAL DEBNATH Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition has been filed by one Bimal Debnath seeking a direction for return of certain goods allegedly seized by the Border Security Force personnel (BSF) and seeking a further direction for payment of compensation for infringement of the fundamental rights of the petitioner arising out of the seizure of the goods.

(2.) THE petitioner in his writ petition claims that his father Digendra Kumar Debnath had a shop at Ekinpur Bazar in Belonia Sub-Division of South Tripura District and that his father was doing business in the aforesaid shop and was dealing with articles such as grocery, cloths, readymade garments etc. The further claim is that the father of the petitioner had a licence for doing the aforesaid business under the provisions of the Essential Commodities Act, 1955. A copy of the licence in the name of the petitioner's father is enclosed as Annexure-A to the writ petition.

(3.) IN the writ petition it was stated that due to the old age of the petitioner's father, a deed was executed by the father appointing the writ petitioner as an attorney in respect of the business on 23. 4. 1988 and since then the petitioner has been doing the said business on the strength of the power of attorney given and is earning his livelihood.