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2024 Supreme(Online)(GAU) 6147
HIGH COURT OF GAUHATI
HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
ABHIJIT SAIKIA – Appellant
Versus
THE STATE OF ASSAM AND 3 ORS – Respondent
Crl.Pet. / 32 / 2024
MS N SAIKIA
PP, ASSAM
Jurisdiction of the police officer to seize immovable property and the legality of the investigation under the Assam Cattle Preservation Act, 2021.
Headnote:
Cattle Preservation Act - Quashing of FIR - The court held that the police officer had no jurisdiction to seize, seal, and lock the cold storage, which is an immovable property, and directed the removal of the lock and seal. No order of stay of the investigation was passed as no case for interim stay was made out at that juncture.
Fact of the Case:
The petitioner was booked under Section 420/406/468 IPC read with Section 13(1) of the Assam Cattle Preservation Act, 2021, for allegedly storing and selling beef in the garb of buffalo meat in a Hindu-populated area. The petitioner contested the legality of the investigation, alleging illegal collection of samples and violation of various food safety laws.
Finding of the Court:
The court found that the police officer had no jurisdiction to seize, seal, and lock the cold storage, an immovable property, and directed the removal of the lock and seal. No order of stay of the investigation was passed as no case for interim stay was made out at that juncture.
Issues: Jurisdiction of the police officer, legality of the investigation, violation of food safety laws, and quashing of the FIR.
Ratio Decidendi: The police officer had no jurisdiction to seize, seal, and lock the cold storage, which is an immovable property, as per the decision of the Hon’ble Supreme Court in Nevada Properties Private Ltd. (supra).
Final Decision: The court directed the removal of the lock and seal of the cold storage and refrained from passing any order relating to the seizure of the beef and the procedure of investigation adopted by the police officer. No order of stay of the investigation was passed.
ORDER
Date : --19.03.2024
1. Heard Ms. N. Saikia, learned counsel for the petitioner.
2. The petitioner Sri Abhijit Saikia has filed this application u/s 482 Cr.PC with prayer for quashing the FIR being Gossaigaon P.S. Case No. 383/2023 registered u/s 420/406/468 IPC read with Section 13(1) of the Assam Cattle Preservation Act, 2021.
3. The respondents are represented by the learned Addl. PP Mr. B.B. Gogoi.
4. The FIR unfolds that on 29.11.2023 at about 5 PM, an information was received by the IC of Shimultapu OP from a secret source that a vehicle bearing registration No. AS01EC8381 carrying beef in the garb of buffalo meat (red beef or buff) from West Bengal was proceeding towards Guwahati. A naka checking was held by the investigating team, and after 1 hour, the Investigating Officer (IO in short) found the vehicle loaded with ‘buffalo meat’ as per e-way bill and tax invoice produced by the driver. On being confronted, the driver said that he loaded the meat from Kishanganj, Bihar, but in papers, it was found that the meat was loaded from Zaid Enterprise, UP for transportation to Khanapara, Guwahati.
5. Suspicion arose and the matter was informed to the superior officer of police who gave a direction to the veterinary department to test and verify the ‘meat’, and accordingly SDVO, Gossaigaon was asked to verify and Dr. Sikder Jahidur Islam V.O., Narayanpur, Gossaigoan physically verified and after examination, remarked that the meat may be beef and for further confirmation, a sample of the beef was sent to Directorate of Forensic Science and Laboratory, Kahilipara, Guwahati. This was informed to the superior officer who asked to send the sample to the Directorate of Forensic Science and Laboratory, Kahilipara, Guwahati and as the item was perishable in nature, so after seizure of the same, it was directed that the meat has to be handed over to the driver with an undertaking that the meat would be kept in the ‘Eden Cold Storage (P) Ltd.’, NH-37, Bye Pass, Khanapara, Guwahati which was the destination where the meat was to be delivered.
6. The meat was seized and random sample was drawn in presence of the veterinary officials and the police forwarded the sample to the Directorate of Forensic Science and Laboratory (DFS in short), Kahilipara, Guwahati at night. An expert opinion was received from the DFS and it was disclosed that the meat seized in connection with this case is beef. The present petitioner is the owner of the Eden Cold Storage (P) Ltd. at Khanapara and he has been indulging in such illegal trade of beef in the name of buffalo. He has been trading meat in an area populated by Hindus, where beef is banned. The petitioner has allegedly acted in a subterfuged manner and in the garb of buffalo meat, beef was stored in his cold storage and sold at various restaurants and other locations in Guwahati. This FIR was registered as Gossaigaon P.S. Case No. 381/2023 and u/s 420/406/468 IPC and FIR was lodged by SI(P) Writuparna Deka of Shimultapu OP.
7. It is argued on behalf of the petitioner that the petitioner has been involved in business of cold storage without any blemish. When the petitioner was called by the SI Sanjoy Kumar Roy on 09.12.2023 at about 6:30 PM, he himself went to the Basistha police station and as requested by the SI Mr. Sanjoy Kumar Roy, the petitioner brought him to the cold storage. The investigating team went to the factory premises and searched all the computers and, data were transferred to their pen drive and the investigating team sealed one cold storage compartment with allegations that packaged beef was sold by the petitioner. The petitioner was taken to the Srirampur Outpost and the petitioner’s vehicle AS01-BR-4071, and I20 sports car of Hyundai make was seized by the police and one compartment of the Eden Cold Storage was also seized by the police. The petitioner was made to wait till 10:30 next morning and then, he learnt that an FIR has been drafted and he was to be forwarded to the Kokrajhar
