Arindam Ghosh v. the State of Jharkhand
Case brief
What is this about?
Jharkhand HC (Ananda Sen, J., 16.06.2025), W.P.(Criminal) No.365 of 2025 — compensation claim under Article 226 for Poclain Machine (Schwing Steller) seized in Shikaripara P.S. Case No.62 of 2022 (Ss. 379/34 IPC; Rule 4/54 JMMC Rules; S. 4/5 Explosive Substance Act); confiscation order earlier set aside in W.P.(Criminal) No.242 of 2024 and machine released. Held: quantum of loss provable only by leading evidence; complicated questions of fact not decidable in writ jurisdiction; petition dismissed with liberty to file suit for damages if maintainable and if absolute illegality of seizure is proved.
What did the court decide?
The actual loss of a compensation claimant can only be calculated and assessed after the claimant leads evidence and brings sufficient material to show that he sustained damages and loss and to prove the extent of such damages.