IMPORTANT POINT
The main legal point established in the judgment is that police have no authority to seize immovable property under Section 102 of Cr.P.C and that the jurisdiction of police to seize vehicles under Section 11(5) of the Assam Cattle Preservation Act is limited to cases involving the transportation of live cattle.

JUDGMENT :

Heard Ms. N. Saikia, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor appearing for the Assam.

2. This is an application under Section 397 Cr.P.C read with Section 401 and 482 of Cr.P.C, 1973 for setting aside the orders passed by the learned Court below rejecting the prayer of the petitioners for Zimma of Vehicle, two mobile phones and removal of seal of cold storage.

3. The case of the petitioner in brief is that the petitioner is a Practicing Advocate by profession and he is also managing the Eden Cold Storage on the honorary basis which is located at N.H Khanapara. On 29.11.2023 a vehicle (refrigerated van) having registration No. AS01EC8381 was preceded with packaged buffalo meat from a factory located at Kishanganj, Bihar to Eden Cold Storage Guwahati. The factory of the petitioner is having valid license of FSSAI from Govt. of India. The said vehicle was intercepted by the police at Srirampur gate and after checking 4/5 packets of meat and necessary papers of carrying goods etc were seized by police and the petitioner was also illegally detained on 09.12.2023. Thereafter, the petitioner also applied for Zimma vehicle in the Court of S.D.J.M(M) Gossaigaon but, the same was not considered as the petitioner failed to furnished bank guarantee as per Section 11(5) of the Assam Cattle Preservation Act. But the learned Court below failed to appreciate the Act that as per Section 11(1) of the said Act, the I.O have no jurisdiction to seize the mobile phones, i20 car and the cold storage which is beyond the local of the police jurisdiction. As per Section 11(5) of the said Act, the vehicle which is carrying cattle in inter district without any approval can be seized but, herein in the instant case, no cattle’s were being carried in the vehicle and as such the bank guarantee as per Section 11(5) of the Assam Cattle preservation Act is not at all required.

4. The cold storage is also registered under FSSAI Act, 2006 and except the food safety officer no one else has authority to take samples. More over as per Section 89 of the Food Safety Standard Act, 2006 has overriding effect on all other food related laws. Further as per the Section 102 of Cr.P.C the police cannot seized immovable property.

5. The petitioner is carrying business of storing the packaged processed buffalo meat which is processed and packed in the factory located in different States like U.P, Bihar. The factory also has the valid license under FSSAI issued by the Government of India. In the present case the food analyst is eligible for examination of the food under the FSSAI Act, and thus, the samples were illegally seized and have sent to Forensic department for examination as police is not at all a competent authority to examine the food quality or issue any certificate.

6. The learned counsel Ms. N. Saikia further submitted that the Assam Cattle Preservation Act, 2021 was enacted for regulating slaughter, fresh meat consumption, illegal transportation of cattle for preservation of cattle and thus, the said Act deals with transportation and slaughter of live cattle and sale of beef of freshly slaughtered animal and which is to be supervise by the Animals and Husbandry Department. Thus, the I.O grossly violated the Section 11(1) of the said Act and by detaining and arresting the petitioner along with illegally seizing one of the chambers of the Cold Storage, 2 mobile phones and one i20 car and other documents of Eden Cold Storage Pvt. Ltd.

7. She further submits that the petitioner is covered under the FSSAI Act 2006 and he is no way or remotely connected to Assam Cattle Preservation Act 2021 which deals with live cattle, slaughters and unprocessed meat.

8. Accordingly, it is submitted by Ms. N. Saikia, learned counsel for the petitioner that under the above facts and circumstances of this Case, the mobile phones and his personal car may be handed over to him and cold storage which is an immovable assets, m