Ram Dayal Rai vs Union Of India & Ors
2021 Latest Caselaw 1443 Cal

12.02.2021
    29
 RP Ct.04
                                       MAT 356 of 2020
                                           +
                   IA No. CAN 1 of 2020 (Old No.CAN 2445 of 2020)
                                    Ram Dayal Rai
                                        Vs.
                                 Union of India & Ors.

             Mr. Soumya Majumder
             Ms. Pampa Dey (Dhabal)
                                                 ....   For Appellant
             Mr. Kumar Jyoti Tewari
             Mr. Santosh Kumar Pandey
                                                 ....    For Union of India


                     Mr. Majumder, learned advocate appears on behalf of writ
             petitioner/appellant and refers to Standing Operating Procedure
             for NSD Gate no.9 (SOP).        Following from the SOP is quoted
             below.
             "PROCEDURE FOR EXIT OF LIGHT MOTOR VEHICLE
                      Light motor vehicle who want to go out from port premises
                      have to follow following procedure.
             i)       Head Constable/Constable on duty will search the vehicle
                      for any port property or any theft material concealed
                      under Seat, Bonnet or dickey.
             ii)      After that Head Constable will indicate the on duty gate
                      constable to open the gate & to allow exit of vehicle which
                      he will follow accordingly."
             He submits, respondent is co-accused. He relies on judgment of

Supreme Court in Narinder Mohan Arya vs. United India Insurance Company Limited reported in (2006) 4 SCC 713, paragraph 26.

Mr. Tewari, learned advocate appears on behalf of respondents and will be heard on adjourned date.

List on 19th February, 2021.

(Arindam Sinha, J.)

(Suvra Ghosh, J)