The State is not liable for damages caused by its servants in the exercise of sovereign powers.

This appeal has been filed against the judgment and decree dated 16-3-1994 passed by the learned Assistant District Judge, Dhubri in Money suit No. 10 of 1987.

2. A suit was filed for realisation of compensation damage for alleged illegal seizure of seeds and loss of business the claim was for an amount of Rs. 80,000/- with interest @ 18% till realisation with cost and other reliefs.

3. The plaintiff being a seed merchant used to store and sell seeds of different agricultural products such as jute, vegetables, oil seeds etc. The plaintiff also is a member of Indian Farmers Association. The name and style of the business of the plaintiffs was Hindusthan Seeds Company at Bilasipara under Dhubri District.

4. On last 22-4-87 at 3 p.m. the defendant No. 6, O/c, Bilasipara Police Station by seizure list had taken possession of certain seeds from the shop of the plaintiff and seized some other seeds from the house of the plaintiff. The value of the goods so seized was claimed by the plaintiff to be Rs. 70,000/-. The Bilasipara police station had no storage facility to keep the seeds and ultimately the seeds were damaged because of the negligence, carelessness and vindictive behaviour of the defendant No. 6. The alleged illegal seizure had completely damaged the plaintiffs business for the whole year and thereby the plaintiff had sustained a loss not less than Rs. 10,000/- as profit. A notice under Section 80 was issued and thereafter the suit was filed.

5. The defendants filed a written statement wherein the main plea which was taken was that the plaintiff was carrying the business without any licence from the proper authority and as such the whole business of the plaintiffs was illegal. The District Agricultural Officer had no information about the firm of the plaintiff. It is averred that the police has received complaint from the local Anchalik AGP workers regarding the illegal business of the plaintiff and hence the police seized the seeds. It was alleged that the plaintiff violated the provisions of Seeds Act and hence the defendants prayed for dismissal of the suit.

6. 4 issues were framed in the suit. They are as follows :

i) Whether the suit is maintainable?

ii) Whether the defendants had caused loss to the plaintiff by illegal seizure of the seeds causing loss to the plaintiff?

iii) Whether the plaintiff is entitled to get compensation as claimed in the suit?

iv) To what relief, if any the plaintiff is entitled?

7. Both the parties adduced oral as well as documentary evidence in support of the said issues. It may be stated herein that a criminal case was also instituted against the plaintiff being GR case No. 688/1987, but he was acquitted in that case. The following are the witnesses examined in the suit.

i) PW-1 Md Naymuiddin

ii) PW 2 Ahmed Ali iii) P. W. 3 Jafarulla Siddiqe,

iv) P. W. 4 Raghu Nath Prasad

v) D. W. 1 Rana Lal.

Certain documents were also exhibited.

8. There is an Act in the name and style the "Seeds Act, 1966". The Act extends to the whole of India. Section 7 of the Act provides for regulation of sale of seeds of notified kinds or varieties. That Section is quoted below :

"7. Regulation of sale of seeds of notified kinds or varieties,- No person shall, himself or by any other person on his behalf, carry on the business of selling, keeping for sale, offering to sell, bartering or otherwise supplying any seed of any notified kind or variety, unless -

(a) such seed is identifiable as to its kind or variety;

(b) such seed conforms to the minimum limits of germination and purity specified under clause (a) of section 6;

(c) the container of such seed bears in the prescribed manner, the mark or label containing the correct particulars thereof, specified under clause (b) of section 6; and

(d) he complies with such other requirements as may be prescribed."

Section 9 provides for grant of certificate by certification agency. Section 22 provides for protection of action taken in good faith. There is an order in the name and style