their case was that trilok nath was the sole owner of the chamba companycern that he obtained the leases in his own name and number for the jammu firm from the chamba forest department first in the year 1949 and then in the year 1950 that as he had numbercapital of his own he borrowed a sum of rs.30000 from his brother and made him a partner with him in this business and that as later on he was unable to companytribute his share of the capital the part nership was dissolved on 31st august 1950 and in consideration of a sum of rs.
on the 21st august 1951 wazir chand made an application under article 226 of the companystitution of india to the judicial companymissioner of the state of himachal pradesh at simla praying for the issue of one or more writs in the nature of mandamus directing the respondents to order the release of the seized goods and to refrain from passing any orders about the extradition of these goods.
the judicial companymissioner disposed of both these petitions by a single judgment.
of the same.
during the investigation the jammu police came to chamba on 25th and 26th april 1951 and with the assistance of the chamba police seized 269 bags of medicinal herbs worth about rs.
the goods were handed over to different superduper at different stations in the state of himachal pradesh.
the jammu and kashmir state police took companynizance of the case and appointed amar nath sub inspector of police to make investigation.
20000 he trilok nath relinquished and transferred by means of a stamped deed of dissolution made on 10th december 1950 all his rights in the chamba companycern to wazir chand who thus became the sole owner of all the goods belonging to this companycern in chamba and came into possession.
prabhu dayals case was that the firm the kashmir woods was started by him in 1943 as his sole proprietary companycern that later on he took trilok nath mahajan as a partner in this concern that in the year 1949 sardar bhagwan singh induced the partners of this firm to take up the line of crude drugs and herbs which was his line that a new firm himachal drug nurseries was started as a child companycern of the kashmir woods with bhagwan singh as one of the partners that after preliminary investigation it was decided to take up this work at chamba and in pursuance of this decision two leases of two forest divisions were taken on behalf of the jammu firm one in the name of bhagwan singh and anumberher in the name of trilok nath but the finance for this undertaking was supplied by the parent firm at jammu.
it was alleged by him that the business in chamba was his exclusive business with which the partnership firm the kashmir woods had numberconcern whatsoever.
wazir chand vehemently protested against these seizures alleging that the action taken was illegal and without jurisdiction and that the goods should be released but his representations had numbereffect.
during the pendency of this petition anumberher 45 maunds of medicinal herbs were seized by the chamba police at the instance of the jammu police.
30000 in the firm kashmir woods and that fraudulently and by manipulating the books and by entering into certain agreements trilok nath made wazir chand the sole owner of himachal drug nurseries and transferred the chamba companycern to him without the knumberledge of the other partners.
appeals by special leave from the judgment and order dated the 26th december 1951 of the companyrt of the judicial commissioner for the state of himachal pradesh at simla in civil misc.
129 and 130 of 1952.
12 and 16 of 1951.
these assertions were number accepted by wazir chand or trilok nath.
he was a partner of messrs.
this seizure was challenged by a second petition on 20th september 1951 under article 226 of the companystitution.
civil appellate jurisdiction civil appeals number.
achhru ram p. s. safeer and harbans singh with him for the appellants.
these are two companynected appeals by special leave against an order of the judicial commissioner.
petitions number.
on the 3rd april 1951 prabhu dayal lodged a report with the police at jammu that trilok nath had prepared duplicate accounts for production before the income tax authorities and that he had companymitted an offence of embezzlement under section 406 of the indian penal companye.
prabhu dayal and gowri shanker of jammu and kashmir state in timber business carried on in that state under the name and style of the kashmir woods.
the facts giving rise to the two petitions out of which these two companynected appeals arise are these one trilok nath was running a business in himachal pradesh under the name and style of himachal drug nurseries for the extraction companylection and export of medicinal herbs in the year 1949.
it was alleged that subsequently trilok nath manipulated the jammu books showing a bogus investment of his elder brother wazir chand amount ing to rs.
april 22.
35000 and in actual physical possession of wazir chand or his men without reporting to or obtaining orders from any magistrate or any other companypetent authority.
the judgment of the companyrt was delivered by mehr chand mahajan c.j.
himachal pradesh dated the 26th december 1951 rejecting two applications for the issue of writs of mandamus and certiorari under article 226 of the constitution.
k. daphtary solicitor general for india r. ganapathy iyer with him for respondent number 1.
