CASE COMMENT: JUGGILAL KAMLAPAT OIL MILLS v. UNION OF INDIA (UoI) AND ORS.

AUTHOR – ANSHIKA GUPTA, STUDENT AT THE RAJIV GANDHI NATIONAL UNIVERSITY OF LAW, PUNJAB

BEST CITATION – ANSHIKA GUPTA, CASE COMMENT: JUGGILAL KAMLAPAT OIL MILLS v. UNION OF INDIA (UoI) AND ORS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 128-130, APIS – 3920 – 0001 & ISSN – 2583-2344.

Facts

There is no question that the shipment was delivered to the specific Calcutta station on 4.9.1949 and that the Railway personnel officially received it. On September 6, 1949, however, the appellant sent a letter to the Kanpur railway officials requesting that the package be redirected and delivered to the appellant in Kanpur. However, the railway officials in Kanpur requested that the appellant accept delivery of the shipment in Calcutta. On June 9, 1949, delivery was not possible in Calcutta because the oil was seized by the Food Inspector of Calcutta, acting on a directive from the Calcutta Corporation’s Health Officer, in accordance with Section 419 of the Calcutta Municipal Act. Two mustard oil samples from the tank were removed on September 17, 1949, at the request of the Municipal Magistrate, who heard the case. The samples were then transferred to the Public Analyst for examination. On September 20, 1949, The Public Analyst revealed that the samples had been tampered with. The Magistrate was therefore forced to choose whether or not to provide the Corporation’s requested orders for the oil to be destroyed. Following the appellant’s hearing, he issued an order dismissing the prayer calling for the oil to be destroyed and clearing the appellant. The Corporation petitioned the High Court of Calcutta with a revision against the ruling that denied its request to destroy the oil. The Court directed the destruction of the oil on the basis of the report of Public Analyst.