##PAGE1##

Page No.# 1/5

GAHC010012032025

2026:GAU-AS:5846-DB

THE GAUHATI HIGH COURT

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

Case No. : PIL/2/2025

SUJIT KUMAR CHANDA

EDITOR, GANA AWAZ,

SON OF LATE SUDHIR KUMAR CHANDA,

RESIDENT OF KARIMGANJ ROAD, TARAPUR,

DIST CACHAR, ASSAM

-VERSUS

THE STATE OF ASSAM AND 5 ORS.

REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY

TO THE GOVERNMENT OF ASSAM,

HOME AND POLITICAL DEPARTMENT,

DISPUR, GUWAHATI-6

2:THE SECRETARY TO THE GOVERNMENT OF ASSAM

HOME AND POLITICAL DEPARTMENT

DISPUR, GUWAHATI 6

3:THE DIRECTOR GENERAL OF POLICE, ASSAM

ULUBARI, GUWAHATI-7

4:THE DISTRICT COMMISSIONER

KAMRUP METRO

LICHU BAGAN

HENGRABARI

GUWAHATI

ASSAM

PIN-781036

##PAGE2##

Page No.# 2/5

5:THE SUPERINTENDENT OF RLY POLICE

PANDU, GUWAHATI

ASSAM

PIN-781012

6:THE INSPECTOR OF POLICE

GRPS

PAN BAZAR, GUWAHATI

ASSAM

PIN-781001

Linked Case : PIL/40/2024

SUJIT KUMAR CHANDA

EDITOR

GANA AWAZ

S/O- LATE SUDHIR KUMAR CHANDA

R/O- KARIMGANJ ROAD

TARAPUR

DIST. CACHAR

ASSAM

-VERSUS

THE STATE OF ASSAM AND 7 ORS

REPRESENTED BY THE PRINCIPAL SECRETARY

TO THE GOVERNMENT OF ASSAM

HOME AND POLITICAL DEPARTMENT

DISPUR, GUWAHATI-06.

2:THE PRINCIPAL SECRETARY

TO THE GOVERNMENT OF ASSAM

AGRICULTURE DEPARTMENT

DISPUR, GHY-6.

3:THE DIRECTOR GENERAL OF POLICE, ASSAM

ULUBARI, GUWAHATI-7.

4:THE DIRECTOR, AGRICULTURE

KRISHI BHAWAN

ASSAM

KHANAPARA

GUWAHATI-22.

##PAGE3##

Page No.# 3/5

5:THE DISTRICT COMMISSIONER

HAILAKANDI

ASSAM

PIN- 788151.

6:THE DISTRICT COMMISSIONER

CACHAR

SILCHAR

ASSAM

PIN- 788001.

7:THE SUPERINTENDENT OF POLICE

HAILAKANDI, ASSAM

PIN- 788151.

8:THE SUPERINTENDENT OF POLICE

CACHAR, SILCHAR

PIN- 788001.

For the petitioner : Mr. N.H. Barbhuiya, Advocate

For the respondents : Ms. S. Sarma, Govt. Advocate, Assam

– B E F O R E –

HON’BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR

HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY

28-04-2026

(Ashutosh Kumar, C.J.)

We have heard Mr. N.H. Barbhuiya, learned Advocate for the

petitioner and Ms. S. Sarma, learned Government Advocate, Assam for

the respondents.

2. These Public Interest Litigation petitions have been filed on the

observation of the petitioner that the Burmese betel nutsor areca nuts,

##PAGE4##

Page No.# 4/5

which are not fit for human consumption, are being indiscriminately

auction-sold with an inherent danger of the same being brought to the

market for consumption by gullible customers. A request therefore, has

been made that it must be ensured that such seized Burmese areca nuts

be, if required, only auction-sold to the industrial purchasers.

3. The petitioner has brought to notice of this Court two instances of

auction notices for sale of seized Burmese areca nuts, which are in

violation of the SOP made in this regard.

4. This allegation has been countered by Ms. S. Sarma, learned

Government Advocate, Assam and it has been submitted that

considering the risk and the danger involved in disposing off such seized

Burmese areca nuts, a standard operating procedure for disposal of such

nuts has been formulated in the year 2021 only.

5. One of the procedural safeguards is that even the claim of the

owner of such Burmese areca nuts that such areca nuts would not be

used for production of edible items but would be used for other purposes,

would be required to be verified and such areca nuts would be given

back to the owner only if such a claim by such owner or, in case of

auction-sale, the buyer is found to be correct.

6. Even in all auction notices, Ms. Sarma contends, a clause is

incorporated that any buyer would be required to submit an

undertaking/bond in notary affidavit regarding usage of auctioned betel

nuts only for industrial/non-edible purposes with self-attested copies of

the trade licence relating to purchase/sale of Betel nuts, GST registration

relating to Betel nuts, Aadhar card, Voter ID Card, PAN Card and

##PAGE5##

Page No.# 5/5

passport for verification. In the event of the undertaking given by a buyer

not being complied with by him, he can easily be traced for any penal

offence. In fact, the minimum reserve price also is fixed in the auction-

sale notice.

7. The affidavit filed on beh

Click Here to Read the rest of this document