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2017 (8) TMI 808 - HC - CustomsCompensation for the loss of materials in transit through India - company registered in foreign country (Nepal) - Held that: - Article 226 of the Constitution of India does not limit the exercise of such powers by High Court at the instance of citizens of India only. The Courts, over a period of time, have recognized the availability to the recourse to Article 226 of the Constitution of India to persons other than natural persons who are Indians. A juristic person carrying on business in India has been recognized to be entitled to maintain and obtain relief under Article 226 of the Constitution. A foreign national, has also been recognized to be entitled to approach the High Court under Article 226 of the Constitution of India, in the event of violation of human rights. In the present case, the right to transport the goods from the port of Kolkata to the territory of Nepal has been claimed to be violated by the action or the non-action of the State authorities. Essentially it is a right having its foundational basis and emanating out of Article 19(1)(g) of the Constitution which the petitioner is seeking to enforce. Article 19(1)(g) is available to a citizen of India. Its availability has been extended to juristic persons constituted under the laws of India. A foreign company cannot be allowed to invoke Article 226 founding its claim on the violation of Article 19(1)(g). The treaty does not contemplate that the Indian Government has to pay for the alleged theft of the materials in transit. The culmination of the First Information Report has not been produced on record. It has not been conclusively established that there was any theft. The question of grant of compensation by the Indian Government to the petitioner does not arise - petition dismissed - decided against petitioner.
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