Gauhati High Court
Salt Marketing Centre Guwahati vs Union Of India (Uoi) And Ors. on 15 June, 1995
Equivalent citations: AIR1996GAU36, AIR 1996 GAUHATI 36, (1995) 3 GAU LR 218
ORDER D.N. Baruah, J.
1. In this application under Article 226 of the Constitution the petitioner has prayed for issuance of an appropriate writ or direction.
2. The case of the petitioner is that a rake of salt was allotted to M/ s. Saikia Enterprises of Khanapara, Guwahati by the Govt. of Assam. The said allottee asked M/s. ABC Enterprises. Gandhidham to load the allotted rake. Accordingly it was loaded on 14/15-5-95 at Chirai Railway Station and thereafter sent to Guwahati-the destination Station. The weight of the consignment was given in details in forwarding note. During transit, the goods were weighed for the first time at Kankaria Railway Station and on weighment the Railway authority found some excess weight of the goods. Accordingly 1550 bags of salt were off-loaded in the said Station and the rests were sent to the destination Station. The distance from the place of booking and the place of weighment was not much. However, at the weighment of the rake, neither the consignor nor the consignee were informed. The endorsee as well as the consignee became suspicious about the genuineness of the weight taken at Kankaria Railway Station and approached the Railway authority for reweighment of the rake at the destination stage. However, the Railway authority refused to reweigh the consignment on the ground that there was no such facility for reweighment at Guwahati. On the other hand the Railway authority imposed penalty of Rs. 1 lakh and odd. Hence the present petition.
3. This case was heard on two earlier occasions. Mr. B.K. Sarma, learned counsel appearing for the respondents was asked to inform the Court as to whether it would be possible for reweighment of the rake in some weigh-bridge as suggested by Mr. G.N. Sahewalla, learned counsel for the petitioner. Today Mr. Sarma, learned counsel informs this Court that it is not possible. Mr. Sahewalla submits that the Railway authority ought to have informed the consignee before taking the weight as the Railway administration did not take the weight of the rake at the forwarding Station. Mr. Sahewalla further submits that the distance from the forwarding Station to Kankaria Railway Station is about 200 kilometres. It was not proper on the part of the Railway authority to weigh the consignment behind the back of the petitioner and impose penalty on the basis of such weighment. Therefore, the petitioner has every right to ask for reweighment. If it is not possible to weigh the entire rake, Mr. Sahewalla submits that at least some bags of salt be weighed and then compute the weight of the entire rake. Mr. Sahewaila has drawn my attention to Chapter XXX-l(d) of North-East Frontier Railway Goods Tariff No. 2. This Chapter deals with weighment and reweighment of goods. In Clause l(d) it provides as follows:
"(d) In the case of consignments of Grains, Pulses, Salt, Sugar, Cement etc. offered in bags of uniform size, the declared weight should be checked by weighing a portion of the bags of uniform size and weight for the entire consignment computed on the above basis."
In the present case Mr. Sahewalla submits that the bags are of uniform in size and weight and, therefore, the weight of the entire rake and the 1550 bags off-loaded at Kankaria Railway Station can be ascertained by weighing some bags of salt. Mr. Sarma, learned counsel has not been able to say anything in that regard. However, Mr. Sarma has drawn my attention to Clause 1743 of Indian Railway Commercial Manual-Volume II. In my opinion this provision is not applicable in the instant case. The respondents being an instrumentality of the State, its action must be fair. When the goods were not weighed at the forwarding Station and weighed en route, information should be given to the consignor or the consignee. If some doubt arises regarding the genuineness of the weight taken en route, the consignor or consignee or its endorsee are entitled to reweighment at the destination Station. It was the duty of the Railway authority to inform the consignee about their intention to reweigh. This was, however, not done. It is true that the Railway administration is not always bound to reweigh. But, when the Railway administration had decided to impose penalty such reweighment is obligatory. Therefore, the Railway authority in my opinion is bound to reweigh the goods when asked for. The imposition of excess tariff and imposition of penalty are two different things. Penalty should be declared after reweighment of the goods as per Rule l(d) of Chapter XXX of North-East Frontier Railway Goods Tariff No. 2. To ascertain the weight of he entire rake the Railway administration may weigh 100 bags of salt and compute the weight of the entire rake. In view of the above I find force in the submission of Mr. Sahewalla.
4. Accordingly I direct the Railway authority to weigh a portion of the consignment, that is, 100 bags and on the basis of this, the weight of the entire rake including the bags which were off-loaded at Kankaria may be computed. Mr. Sahewalla submits that the rake came by open wagon and the weight might increase due to percolation of rain water and, therefore, some deduction should be made. It is for the Railway authority to consider the same. I leave the matter regarding excess weight of the rake due to rain water if any to be determined by the Railway authority and deduct the same from the weight of each bag or in the alternative 100 bags may be kept in a covered area for about 24 hours and weigh the same.
5. The petitioner shall be entitled 10 hours' time from 2 P.M. today. There shall be no demurrage charge if the goods are received by the petitioner within 10 hours' time from 2 P.M. and for 100 bags three hours' time shall be given to the petitioner after reweighment.
6. The petition is allowed to the extent as indicated above.