Authorities lack jurisdiction under the Assam Cattle Preservation Act to seal premises during an investigation for illegal sales, rendering such actions unlawful.

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 04.02.2025 with validity up-to 31.03.2026 in favour of the petitioner to run his business. A Certificate of Registration in Form-Q was also issued to the petitioner by the jurisdictional Inspector of Shops and Establishments under the provisions of the Assam Shops and Establishments Act, 1971, as amended, and the rules framed thereunder allowing the petitioner to run the business of selling buffalo meat, raw meat, chicken and dairy products. The Certificate of Registration has validity up-to 02.02.2026.

4. A First Information Report [FIR] came to be lodged by a Sub-Inspector of Police, Algapur Police Station before the Officer In-Charge, Algapur Police Station on 01.07.2025 stating inter-alia that based on credible information and subsequent local enquiries, it came to light that certain individuals from the locality of Algapur Bazar were found engaged in activities in violation of the provisions of the Assam Cattle Preservation Act, 2021 [‘the Act, 2021’, for short] and the rules framed thereunder. The individuals were found selling beef by openly displaying beef-items in public. On the basis of the information received which was registered as Algapur Police Station General Diary Entry no. 10 dated 01.07.2025, a team of Police personnel from Algapur Police Station conducted a search operation at the shop of M/s Sarimul Enterprise, situate at Algapur Bazar. During search, recovery and seizure of raw meat, suspected to be beef, weighing 4.50 KGs was made which was found stored in a refrigerator inside the shop. By a seizure list prepared at the spot, the raw meat weighing 4.50 KGs, a refrigerator and an electronic weighing machine, supposed to be used in the business, were seized in presence of independent witnesses. It was mentioned that the seized raw meat was properly sealed and packed. The FIR further alleged that illegal slaughter was done by the petitioner, that is, the owner of M/s Sarimul Enterprise along with others and he was suspected to be involved in the activities of selling raw beef-meat from his shop. The Officer In- Charge, Algapur Police Station was thereby requested to register the FIR under the appropriate provisions of the Act, 2021; the Bharatiya Nyaya Sanhita [BNS], 2023 and other applicable laws for causing a thorough investigation into the matter.

5. On receipt of the FIR, the Officer In-Charge, Algapur Police Station on 01.07.2025 registered it as Algapur Police Station Case no. 38/2025 for the offences under Sections 325/3[5] of the BNS read with Section 13[1] of the Act, 2021 and entrusted the investigation to a Sub-Inspector of Police attached to Algapur Police Station.

6. As the seizure of 4.50 KGs of raw meat, suspected to be beef, was made on 01.07.2025 from a refrigerator kept inside the shop of the petitioner as the propri