STATE OF TRIPURA Vs. RANJIT KUMAR DEBNATH

JUDGEMENT

(1.) Heard Mr. A. Ghosh, learned counsel appearing i'or the State- Appellants as well as Mr. B. Das, learned Sr. Counsel assisted by Ms. S. Das. learned counsel appearing for the plaintiff-respondent No. 1. Also heard Mr. P. K. Biswas. learned Assistant Solicitor General of India appearing for the Union of India/pro forma Respondents.

(2.) This First Appeal has been carried from the judgment and decree dated 21-9-2001 and dated 25-9-2001 respectively passed by the learned Civil Judge (Sr. Division) South Tripura, Udaipur in Money Suit No. 2 of 1996.

(3.) The Respondent No. 1 as the plaintiff had instituted the aforesaid money suit for compensation of Rs. 10,00,000.00 (Rupees ten lakhs) with interest thereon for damages caused to him by way of illegal seizure of saleable cloths etc. damages to his shop and business, mental and physical sufferance, harassment and lowering his image and dignity in the society. In paragraph 5 of the plaint the respondent-plaintiff pleaded that while he was doing his business strictly in accordance with the terms of the licence issued to him under the provisions of the Essential Commodities Act, 1955 (for short, 'the Act'), on 28-11-1992 at about 6 p.m., a contingent of the Border Security Forces (for short, 'the B. S. F.') (Defendant No. 4), raided his shop and in his presence seized illegally and most arbitrarily all saleable clothes stored in his shop. No seizure list whatsoever pertaining to such seizure of the articles and materials was supplied to him till the date of filing of the plaint i.e. 4-1 -96. It was further alleged, inter alia, in the plaint that immediately after such seizure, simultaneously a criminal case was registered against the respondent including 10 others before the Court of learned Special Judge, South Tripura. Udaipur, being Special Case No. 12 (SC/B) of 1992 on the basis of Puran Rajbari P. S. Case No. 2 (12) 92 under S. 7(1)(a)(ii) of the Act. being registered in connection with FIR lodged on 8-2-92 by Respondent No. 3, Sri Sudip Kumar Roy, who was the then Director. Food and Civil Supply. Govt. of Tripura. This case was resulted in acquittal of the respondent No. 1 vide judgment and order dated 3-2-95.