Point of Law: Section 7(3) of Act of 2021 provides that no person shall transport or offer for transport or cause to be transported any cattle from any place within State, slaughter whereof is punishable under Act.

JUDGMENT :

ACHINTYA MALLA BUJOR BARUA, J.

1. Heard Mr. A. Matin, learned counsel for the petitioner, Mr. S. Dutta, learned counsel for the respondents No. 1, 2, 4 and 5 being the authorities in the P&RD Department and Ms. M Barman, learned Junior Government Advocate for the respondents No. 3, 6 and 7 respectively being the Deputy Commissioner, Barpeta, Superintendent of Police, Barpeta and the Officer-in-Charge of Baghbar Police Station.

2. Pursuant to a Notice Inviting Tender (NIT) dated 27.06.2022 of the Mandia Anchalik Panchayat, the Mandia Hat (with cattle market) was settled with the petitioner Dharanidhar Medhi for the year 2022-23 w.e.f. 01.07.2022 to 30.06.2023 as per the order of settlement dated 01.07.2022 of the Barpeta Zila Parishad. Accordingly, the petitioner entered into an agreement and is operating the cattle market.

3. After operating the market upon taking possession, the Officer-in-Charge of Baghbor police station had interfered with the operation of the market by requiring the petitioner to close the cattle market. In response thereof, the petitioner also filed a representation dated 16.09.2022 before the Barpeta Zila Parishad which is annexed as Annexure-7 to the writ petition. In the said representation of 16.09.2022 it is stated that on 12.09.2022, the Officer-in-Charge of Baghbor police station verbally directed the petitioner to stop operating the market.

4. In course of the hearing of the writ petition, it is the stand of the respondent Officer-in-Charge of Baghbor police station that he had acted pursuant to the provisions of the Act of 2021 as amendment by the Amendment Act of 2021.

5. In the circumstance, we examine the provisions of both the Acts to arrive at a conclusion as to whether any such interference by the Officer-in-Charge could have been made in the operation of the cattle market.

6. A reading of the provisions of the Act of 2021 makes it discernible that section 4 thereof provides that notwithstanding anything contained in any other law for the time being in force or in any usage to the contrary, no person shall slaughter or cause to be slaughtered, or offer or cause to be offered for slaughter of any cattle, provided that killing of a cattle by accident shall not be considered as slaughter under the Act.

Section 5 of the Act of 2021 provides that notwithstanding anything contained in any other law for the time being in force or in any usage to the contrary, no person shall slaughter or cause to be slaughtered, or offer or cause to be offered for slaughter any cattle unless he had obtained in respect thereof a certificate in writing, issued by the registered Veterinary Officer under Animal and Husbandry Department for the area in which the cattle is to be slaughtered and the procedure and the restrictions of issuing such certificate is provided from section 5(2) onwards.

Section 6 of the Act of 2021 provides that no cattle in respect of which a certificate has been issued under section 5 shall be slaughtered in any place other than a slaughter house duly licensed or recognized under a Central or State Act or any rules or regulations made under the Act of 2021 or other premises as may be specified in the certificate as per rules framed under the Act.

Section 7 of the Act of 2021 provides that no person shall transport or offer for transport or cause to be transported any cattle, without valid permit, from any place of other state through Assam to any place outside state of Assam as well as from any place within the state of Assam to any place outside the state of Assam where slaughter of cattle is not regulated by law.

Section 7(3) of the Act of 2021 provides that no person shall transport or offer for transport or cause to be transported any cattle from any place within the State, the slaughter whereof is punishable under the Act.

Section 7(4) of the Act of 2021 provides that notwithstanding anything contained in sub-sections (1), (2) and (3), the competent authority may issue permit for transport