Court Rules Authorities Exceeded Powers Under Assam Cattle Preservation Act, 2021
In a landmark judgment, the Gauhati High Court has ordered the immediate unsealing of a shop in Algapur Bazar, owned by Aynul Hoque Laskar, which was sealed by local authorities under the suspicion of violating the Assam Cattle Preservation Act, 2021. The judgment, delivered by Justice Manish Choudhury, found that the actions of the authorities were beyond their legal powers and constituted a high-handed approach.
The petitioner, Aynul Hoque Laskar, a businessman operating under M/s Sarimul Enterprise, was accused of engaging in the sale of beef, contrary to the provisions of the Assam Cattle Preservation Act, 2021. The allegations were based on a police operation that resulted in the seizure of 4.50 kilograms of raw meat, suspected to be beef, from Laskar's shop. This led to the registration of a case under the Bharatiya Nyaya Sanhita, 2023, and the Assam Cattle Preservation Act, 2021.
Despite the ongoing investigation, authorities proceeded to seal Laskar's shop, an action the court has now deemed unlawful. The court highlighted that while the Act allows for entry, inspection, search, and seizure, it does not authorize the sealing of premises. Justice Choudhury emphasized that no statutory provision under the Act or the Assam Cattle Preservation Rules, 2022, grants the power to seal premises even if an offence is suspected.
The court's decision underlines the importance of adhering to the limits of statutory powers and the necessity of due process. The judgment mandates the immediate removal of the seal on Laskar's shop, allowing him to resume his business activities. However, the court clarified that this does not impede the ongoing investigation, which can continue to its logical conclusion.
This ruling sets a significant precedent in ensuring that enforcement actions remain within the bounds of legal authority, safeguarding the rights of individuals against unwarranted administrative actions.
Bottom Line:
Authorities under the Assam Cattle Preservation Act, 2021, and Assam Cattle Preservation Rules, 2022, do not have the power to seal premises where an offence is suspected to have occurred.
Statutory provision(s): Assam Cattle Preservation Act, 2021, Assam Cattle Preservation Rules, 2022, Article 226 of the Constitution of India
Aynul Hoque Laskar v. State of Assam, (Gauhati) : Law Finder Doc id # 2817875
