ARINDAM BANERJEE Vs. RAJAN CHATTERJEE

JUDGEMENT

(1.) This matter arises out of the Commissioner's order dated 25.2.1998 disposing of a petition filed by the petitioner. In the aforesaid order the Commission directed the opposite parties to hand over the consignments in dispute to the petitioner, Arindam Banerjee or his authorised agent excepting the missing component by making an inventory in presence of the petitioner or his authorised agent. The complainant in this case deposited certain packets in the custody of a carrier company of Glassgo namely First Freight Forwarding on payment of 146 pounds as carrying charges. It has been reported that some important articles relating to the complainant's research work were missing while in transit. This was detected at the Airport and the report of the Customs Authority confirms its missing. In the face of the above fact the order dated 25.2.1998 was passed by the Commission.

(2.) The learned Advocate for the opposite party No.2 opposes the prayer and submits that they are not required to give an inventory as their duty is to deliver the packets after verifying the weight. He, therefore, submits that it is not possible on their part to make any inventory of the goods which are inside the packets.

(3.) After hearing both the parties we direct that the relevant packets may be made over to the petitioner or his authorised agent in accordance with law in presence of all parties including the Customs Officer. We note that the relevant valuable document for which the case has been filed had already been noted to be missing by the customs authority. Our order dated 25.2.1998 regarding non-payment of de-marriage still stood.