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Judgment
The view of the learned Judge in the Court below is supported by two decisions of the Calcutta High Court, the case of East Indian Railway Co. v. Nilkanta Roy 22 Ind. Cas. 679 : 41 C. 576 : Cri.L.J. 142 : 19 C.W.N. 95 and the case of Kali Das Mullick v. East Indian Railway Co. (2). According to the decision of Mr. Justice Woodroffe in Kali Das Mullick v. East Indian Railway Co. 40 Ind. Cas. 626 : 21 C.W.N. 815 the word, "package" seems to mean both that which is packed and that in which it is packed, its covering or receptacle. We are unable to say that the view taken in the two cases to which we have referred is wrong.
We must, accordingly, dismiss this application but in the B circumstances without costs.