HEMODHAR GOGOI Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS appeal is directed against the order dated 16. 12. 98 passed by the learned Single Judge in Civil Rule No. 6360/98, dismissing the writ petition filed by the petitioner/appellant with an observation that the petitioner/appellant may approach the learned Civil Court, having competent jurisdiction, to prove negligence of the respondents and to claim damages.

(2.) THE facts leading to the filing of the present appeal is that, a writ petition being Civil Rule No. 6360/98 was filed by the petitioner/appellant prying for directing the respondents to refund an amount of Rs. 9,53,500/- belonging to him with interest at the rate of 18% per annum, alleging that the petitioner/appellant who is a licensee of Indian made Foreign Liquor under the Government of Assam and running the said shop at Duliajan was picked up by the Army Personnel from Duliajan Army Camp led by Major Mohendra, respondent No. 4, without any rhyme or reason and tortured him inhumanely in the Army Camp, that Major Mohendra and his personnel demanded cash from the petitioner/appellant alleging that a sum of Rs. 70,00,000/- belongs to the United Liberation Front of Assam (ULFA) lying with the petitioner and that Major asked the petitioner/appellant to deposit all his personal cash if he wanted to be released. The petitioner /appellant having no other alternative, through his wife initially paid Rs. 3,00,000/- to Major Mohendra from out of his sale proceeds of the liquor and that the said Major was not satisfied with the amount and ultimately compelled the petitioner/appellant, who was in custody of Army, to sign a cheque of Rs. 12,05,000/- brought by his wife and got the said amount collected through his wife, which was also given to Major Mohendra. Apart from that the petitioner was also compelled to pay a further sum of Rs. 2,90,000/- to said Major Mohendra. On 6. 11. 91 when the petitioner/appellant approached the Deputy Commissioner, Dibrugarh to lodge complaint he came to know that Major Mohendra has deposited a sum of Rs. 5,00,000/- out of the total amount taken from him and thereafter deposited the balance amount of Rs. 10,05,000/- in Duliajan P. S. stating that the said amount has been recovered from the bank of Dehing river. As the army authority in spite of the payment of the amount continued to torture the petitioner/appellant as well as the family members, a writ petition being C. R. (H. C.) 224/91 was filed before this Court wherein, an order was passed directing the authority to keep the money under lock and key in the Dibrugarh Treasury and not to harass the petitioner/appellant and his family members. A C. B. I. enquiry was also directed to be conducted by this Court in respect of the said allegations, but the report of the C. B. I. was not accepted by this Court. This Court upon hearing the parties directed to hold an enquiry by the District Judge, Dibrugarh, by order dated 28. 2. 94 passed in the said writ petition and the undisputed amount of Rs. 5,00,000/- was directed to be handed over to the petitioner/appellant, as the Army had admitted that the said amount was taken from the petitioner/appellant's house and further directing that the remaining amount of Rs. 10,05,000/- is to be kept in the Treasury directing the District Judge to hold an enquiry whether the said amount was recovered by the army from the family members of the appellant after it was withdrawn from Bank Account or from his other personal sources or whether it was recovered from any place outside the house of the petitioner/appellant, as claimed by said Major-respondent No. 4. The learned District Judge, Dibrugarh upon conduct of the enquiry submitted his report to this Court in C. R. (H. C.) 224/91 by holding that the amount of Rs. 10,05,000/- belonged to the petitioner/appellant and the said money was taken from him by the Army authority as the appellant's story regarding taking of the said money from the petitioner/appellant by the said Army authority was found to be true. A Division Bench of this Court thereafter vide judgment and order dated 2. 5. 97 disposed of the said writ petition being C. R. (H. C.) 224/91 after accepting the report submitted by the learned District Judge, Dibrugarh and on the basis of the submission of the learned Additional Advocate General, appearing for the State respondent, that the State respondent has no objection to return the said amount of Rs. 10,05,000/- to the petitioner/appellant, directed the Deputy Commissioner/treasury Officer, Dibrugarh, Assam to refund the said amount to the petitioner/appellant within a week as the money was kept in the Dibrugarh Treasury under the order of the Court. The petitioner/appellant when went to the Deputy Commissioner, Dibrugarh to receive the said amount from the Treasury, it was found upon opening of the box containing the money that only a sum of Rs. 51,500/- was in good condition and the remaining amount was in a mutilated condition. The Treasury Officer thereafter directed the Officer-in-charge at Duliajan Police Station to approach the Reserve Bank of India, departmentally through the Superintendent of Police, Dibrugarh for exchange of the remaining mutilated currency. Accordingly, the Officer-in-charge of Duliajan Police Station on 3. 7. 97 requested the Reserve Bank of India to exchange the damaged currency amounting to Rs. 9,53,500/- which, however, been refused by the Reserve Bank of India as currency notes were in such a position that the denominations could not be determined. A writ petition being C. R. No. 6360/98 was filed with the relief as mentioned above. The said writ petition was dismissed by the learned Single Judge and hence the present appeal.

(3.) WE have heard Mr. N. Dutta, learned Senior counsel for the petitioner/appellant, Mr. H. Rahman, learned Assistant Solicitor General, Mr. S. Ali, learned Additional Advocate General, Assam and Mr. M. Bhuyan, learned Standing Counsel, Reserve Bank of India.