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Issues: Appeal against the judgment of a Division Bench of the Calcutta High Court dismissing the appeal by the Collector of Customs, Calcutta Port & others.
The judgment pertains to an appeal against the decision of a Division Bench of the Calcutta High Court, where the appellant, engaged in importing goods for consumption in Nepal, imported white poppy seeds from Pakistan. The goods were detained by customs authorities at Calcutta Port, prompting the appellant to seek relief through writ petitions. The Single Judge directed the release of the goods and appointed an advocate as a receiver to prevent pilferage. The Division Bench upheld the Single Judge's decision, leading to the current appeal. The appellant sought compensation for alleged loss and damage due to the detention of goods, claiming the actions of customs authorities were mala fide. However, the Supreme Court held that the appellant cannot claim compensation in this appeal as the Single Judge's order only directed the release of goods without mentioning compensation. Since the appellant did not appeal the Single Judge's decision and only the respondents' appeals were dismissed, the appellant cannot now claim compensation. Additionally, there was no proof of the extent of damage or loss to the goods, further negating the appellant's claim for compensation. Consequently, the appeal was dismissed. In a separate appeal involving another party, the Court dismissed the appeal for similar reasons as the first case. The judgment reiterated that without proof of damage or loss to the goods and considering the previous legal proceedings, the appellant cannot claim compensation in this appeal. Thus, the appeal was also dismissed.
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