UNION OF INDIA Vs. TELU RAM RAM CHANDER

JUDGEMENT

(1.) The defendant is in second appeal aggrieved against the judgment and decree passed by the first Appellate Court whereby the suit for recovery of Rs. 26,808.11P as the price of 253 bags of Maize weighing 230 quintals 33 kilograms was decreed.

(2.) The plaintiff consigned 253 bags of Maize weighing 230 quintals 33 kilograms on 15.10.1967 from Gharaunda Railway Station on Northern Railway to Howrah vide Railway Receipt Ex.PW 10/3. The consignment goods were not delivered back to the plain- tiff. It is the case of the plaintiff that the consigned goods were neither delivered back at Gharaunda nor were they carried to Howrah and thus were detained illegally. The plaintiff claimed a sum of Rs. 26,808.11P as the price of the consignment having purchased the same in open market.

(3.) It was the stand of the defendant that vide notification dated 19.11.1966 the export of Maize was prohibited from any place to outside the State. Therefore, the goods consignment through the Railway was without permit by the plaintiff. The Railway Authorities have also asked the plaintiff to take back the delivery of the consignment vide letter dated 27.10.1987 Ex.Dl.