1. THIS appeal is directed against the judgment and order of Dipak Kumar Sen, J. dated 31/1/1977 dismissing the appellant's suit filed against the respondents. A reference to the relevant facts of this case may be made.

2. ON, 8th April, 1948 the appellant, A. J. Vaswani (hereinafter referred to as 'vaswani'), who migrated from West Pakistan, was appointed 10 in the post of Preventive Officer, Grade I in the customs Department. Thereafter, in May 1961 the appellant was promoted to the post of Senior grade Preventive Officer in the Customs Department. At the material time, he was posted as) Senior Seizure Shed Officer at the Customs house, Calcutta.

On August 25, 1961 a passenger namely Mrs. S. B. Dadlani arrived at Dum Dum Airport with 2 (two) suit-cases which were detained at 0 the Airport. On 26th August, 1961 the said two suit-cases were brought in sealed conditions from dum Dum Airport to the Seizure Shed at Customs house, Calcutta. Vaswani made the inventory of the contents of the said two suit-cases and 25 made a valuation of the contents thereof. Thereafter, on 1st September, 1961 the passenger's representative B. S. Dadlani took delivery of the said two suit-cases