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GAHC010002172025

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THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : Cont.Cas(C)/9/2025

SHREE BHAIRAV NATH ENTERPRISE

REPRESENTED HEREIN BY ITS PROPRIETOR SRI SUNIL MANKASH,

HAVING ITS OFFICE AT WARD NO. 30, SAURAV NAGAR, NEAR A.G.

OFFICE, DIST. KAMRUP (M), ASSAM

VERSUS

PRADEEP KUMAR DWIVEDI, IAS

DISTRICT COMMISSIONER, SRIBHUMI, DISTRICT-SRIBHUMI, ASSAM, PIN

788710

Advocate for the Petitioner : MR S BORTHAKUR, MR. D GOGOI

Advocate for the Respondent : MR. D NATH, R SAHIINII

BEFORE

HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI

ORDER

Date : 15.05.2026

Heard Mr. P. Khatoniar, learned counsel appearing for the

petitioner. Also heard Mr. D. Nath, learned counsel appearing for the

contemnor.

2. By way of this contempt petition, the petitioner is drawing the

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attention of this court to the alleged non-compliance of the order

dated 29.08.2024 passed in W.P.(C) No. 5600/2021.

3. The order dated 29.08.2024 read as under: -

“29.08.2024

1. Heard Mr. S. Borthakur, learned counsel for the petitioner. Also

heard Mr. D. Nath, learned Senior Government Advocate

representing State respondents.

2. The present application is filed assailing an FIR dated

11.09.2021 lodged before the Officer in Charge of Badarpur GRPS

registered as Badarpur GRPS Case No. 13/2021. The further

challenge is an order dated 21.09.2021 passed by the learned

Additional Chief Judicial Magistrate, Karimganj, whereby the

Deputy Commissioner of the District was directed to initiate the

auction of the areca nut seized on the basis of which the

aforementioned FIR was registered and the resultant auction notice

dated 28.09.2021 and 12.10.2021 for auction of 13 wagons of dry

betel nut weighing approx 2,95,127 kgs.

3. On 21.10.2021, while issuing notice and on the basis of

instruction that the auction has in the meantime been completed,

this Court by an interim order directed that the auction money shall

not be disbursed to any one till disposal of the present writ petition.

4. The learned State Counsel has also produced the case diary of

Badarpur GRPS Case No. 13/2021. From the material available on

record, certain undisputed facts emerge:-

I. The FIR was lodged with the backdrop that the police had

received specific information that unlawful goods/

substances were being transported through malicious usage

of goods transportation service provided by the Indian

Railways.

II. Accordingly, a parcel train in question was halted

suspecting that there may be unlawful substances concealed

with other consignments. Thus, the train was halted and the

areca nuts were seized on the backdrop of the information

that unlawful and dangerous goods are being transported in

the train.

III. Thereafter, the suspected goods (areca nuts) i.e. 4,680

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number of gunny bags amounting to total of approximately,

3,85,164 Kgs were seized in presence of Executive

Magistrate and other independent witnesses.

IV. According to the police, the expert opinion report further

discloses that the materials are fit for human consumption

and they are primarily agricultural product so, without

proper possessing/storing in controlled atmosphere, their

decay is going to be quicker in normal/natural conditions.

Accordingly, an application was filed before the Chief

Judicial Magistrate on 20.09.2021 for auction of the seized

unclaimed betel nuts (areca nuts) under section 451 Cr.P.C.

5. From the aforesaid it is seen that though there was information

of transporting unlawful and dangerous goods and on the basis of

such information, the areca nuts were seized, however, there is

nothing on record to show that these areca nuts are dangerous or

involved in any offence. However only on the ground that the owner

could not be find out, the learned Magistrate allowed such

application and the areca nuts were auctioned.

6. From the case diary as well as material so far collected, there is

nothing to show that the areca nuts were either stolen goods or the

same has been illegally procured rather ther