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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
MANISH CHOUDHURY
Aynul Hoque Laskar, S/o- Tera Miya Lasakr – Appellant
Versus
State of Assam, represented by the Commissioner and Secretary to the Government of Assam, Home Department – Respondent
| Table of Content |
|---|
| 1. overview of petitioner’s business and actions leading to sealing. (Para 2 , 3 , 4 , 5 , 6 , 7) |
| 2. arguments regarding authority to seal the shop. (Para 8 , 9) |
| 3. analysis of powers under the act concerning sealing. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 4. conclusion to allow the writ petition. (Para 19) |
JUDGMENT :
Manish Choudhury, J.
Heard Mr. J. Laskar, learned counsel for the petitioner and Mr. S.S. Roy, learned Junior Government Advocate, Assam for all the respondents.
2. An action on the part of the respondent no. 3 and the respondent no. 4 in sealing the shop of the petitioner has been assailed in this writ petition preferred under Article 226 of the Constitution of India.
3. The petitioner has stated that he is a businessman by profession and is the proprietor of M/s Sarimul Enterprise. He has stated that he runs a business of selling buffalo meat, raw meat, chicken and dairy products from a shop located at Algapur Bazar, Algapur, District – Hailakandi. For the purpose of running such business from the shop, the petitioner applied for a licence and a certificate from the appropriate authorities. The Hailakandi Municipal Board had issued a Licence on 04
Authorities lack jurisdiction under the Assam Cattle Preservation Act to seal premises during an investigation for illegal sales, rendering such actions unlawful.
Point of law : Interfering with the sealing/closing of the Petitioners’ factory premises would not effect or hamper the investigation so carried out.
The central legal point established in the judgment is that the sealing of the shop under the Food Safety and Standards Act, 2006 falls under the authority of the Commissioner, as per Section 34, and....
The main legal point established in the judgment is that the provisions of Chapter XXXIV of the Code of Criminal Procedure, 1973, regarding the disposal of property, shall be applicable in a case und....
Section 3(a) of Act of 2021 defines ‘Animal Market’ to be market place or sale yard or any other premises or place to which animals are brought from other places and offered or displayed for sale or ....
Sealing of premises under food safety regulations requires strict adherence to statutory conditions, which were not met in this case.
The court established that misbranding and illegal trade of beef can invoke both IPC provisions and specific state legislation, allowing for police investigation.
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