IMPORTANT POINT
The court established that misbranding and illegal trade of beef can invoke both IPC provisions and specific state legislation, allowing for police investigation.

JUDGMENT :

ARUN DEV CHOUDHURY, J.

1. Heard Mr. A.R. Bhuyan, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State of Assam.

2. The present application is filed under section 482 Cr.P.C. 1973 for setting aside and quashing an FIR which was registered as Gossaigaon PS Case No. 381/2023 under section 420/468/406/IPC, read with Section 13(1) of the Assam Cattle Preservation Act, 2021.

3. For proper appreciation of the issue in hand, the FIR is quoted herein-below:

“The Officer-In-Charge, Gossaigaon Police Station.

Gossaigaon, Kokrajhar, Assam,

Sub: FIR

Date 8th Dec, 2023

Ref: STP GDE No. 677

Dated: 29.11.2023

Sir,

I have the honour to inform you that on 29.11.2023 at 5.00 pm received information by IC Shimultapu OP from a secret source that vehicle bearing reg no. AS-01-EC-8381 carrying beef in the name of buffalo meat from West Bengal side to Guwahati. Accordingly, the information entered in the GDE vide above reference GDE No and IC Shimultapu OP asked me to conduct naka checking. Accordingly, I have conducted nake checking and after 1 hour I found the vehicle loaded with buffalo meat as per e-way bill and tadx invoice produced by the driver. On asking, the driver said he loaded the meat from Kishanganj, Bihar but in papers it was found from Zaid enterprise UP to Khanapara, Guwahati. As suspicion exist, the matter was informed to Superior Officer of Police who asked to verify the same with veterinary department and accordingly, asked SDVO, Gssn to verify and he send Dr. Sikder Jahidur Islam V.O. Narayanpur, Gossaigaon who after physically verified told the meat may be beef and for further confirmation the sample of the meat should be send to Directorate of Forensic Science and Laboratory, Kahilipra, Guwahati (enclosed report). The, again the same informed to Superior Officer who asked to send the same to Directorate of Forensic Science and Laboratory, Kahilipara, Guwahati and as the item are perishable in nature so after seizing the same will be left in zimma to the driver itself with a undertaking that he will keep the meat to their destination as mentioned in the papers i.e. Eden Cold Storage (P) Ltd. NH-37, Bye Pass, Khanapara Guwahati. Accordingly, I have seized the same and randomly sample drawn in the presence of a veterinary official and sent the sample to DFS Kahilipara Ghy on that night. But today I have received the expert opinion from Directorate of Forensic Science and Laboratory, Kahilipara, Guwahati which opined that the meat is beef (enclosed report).

Further, it has been learnt that the owner of the Eden Cold Storage, Khanapara, Guwahati Mr. Abhijit Saikia doing this illegal trade of beef in the Guwahati area since long after knowing that selling of be is banned in areas where Hindu people resided. Again, he very cleverly taken beef in the name of buffalo meat and store the same in his cold storage and sell in various restaurants and others in Guwahati which attracts criminals breach of trust and cheating as well as Section 13(1) of the Assam Cattle Preservation (Amendment) Act, 2021.

Therefore, I request your to take necessary legal actions against the below noted accused persons and others involved by registering a case under the proper section of law.

Name and address of the accused persons:

1. Abhijit Saikia S/o Lt. Dhubra Kumar Saikia of Ganeshguri, near Raddhani Masij Debadaru Path H/No. 7, PS - Dispur, District - Kamrup (M), (owner of the Eden Cold Storage)

2. Sanidul Islam S/o Sanowar Hussain of Kumarikata, PS - Joghihopa, District - Bongaigaon (driver of the vehicle)

3. Tupidhan Gogoi S/o Lt. Bogadhan Gogoi, Sonapur PS - Sonapur, District - Kamrup (M), (Manager of the Eden Cold Storage)

Yours faithfully

In-Charge

Shimultapu Out Post.

Distrct Kokrajhar, Assam.”

4. Mr. Borthakur, learned Additional Public Prosecutor has also submitted a report by the Superintendent of Police, Kokrajhar before this Court which was prepared by Sub Divisional Police Officer, Gossaigaon o