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ARUN DEV CHOUDHURY
ABHIJIT SAIKIA S/O LATE D. K. SAIKIA – Appellant
Versus
STATE OF ASSAM – Respondent
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:
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
The court established that misbranding and illegal trade of beef can invoke both IPC provisions and specific state legislation, allowing for police investigation.
The Court established that allegations of misappropriation and cheating can constitute a criminal offense if the essential elements are present, even in a contractual context.
Violation of prohibitory orders as per government notification and suppression of facts can lead to dismissal of a criminal writ petition and imposition of costs.
Prosecution under the Food Safety and Standards Act does not require a prior complaint for FIR; misbranding entails legal liability under both the IPC and Food Safety Act.
The Food Safety and Standards Act, 2006 exclusively governs food adulteration matters, rendering prosecution under the IPC concurrent provisions impermissible.
The court clarified that allegations solely involving civil transactions cannot form the basis for criminal charges under IPC Sections 406 and 420 without evidence of fraudulent intent.
The Food Safety and Standards Act provides an exclusive mechanism for prosecuting food safety violations, superseding provisions of the IPC, making unrelated FIRs impermissible.
Authorities lack jurisdiction under the Assam Cattle Preservation Act to seal premises during an investigation for illegal sales, rendering such actions unlawful.
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