ABHIJIT SAIKAI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. N. Saikia, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor appearing for the Assam.

(2.) This is an application under Sec. 397 Cr.P.C read with Sec. 401 and 482 of Cr.P.C, 1973 for setting aside the orders passed by the learned Court below rejecting the prayer of the petitioners for Zimma of Vehicle, two mobile phones and removal of seal of cold storage.

(3.) The case of the petitioner in brief is that the petitioner is a Practicing Advocate by profession and he is also managing the Eden Cold Storage on the honorary basis which is located at N.H Khanapara. On 29/11/2023 a vehicle (refrigerated van) having registration No. AS01EC8381 was preceded with packaged buffalo meat from a factory located at Kishanganj, Bihar to Eden Cold Storage Guwahati. The factory of the petitioner is having valid license of FSSAI from Govt. of India. The said vehicle was intercepted by the police at Srirampur gate and after checking 4/5 packets of meat and necessary papers of carrying goods etc were seized by police and the petitioner was also illegally detained on 9/12/2023. Thereafter, the petitioner also applied for Zimma vehicle in the Court of S.D.J.M(M) Gossaigaon but, the same was not considered as the petitioner failed to furnished bank guarantee as per Sec. 11(5) of the Assam Cattle Preservation Act. But the learned Court below failed to appreciate the Act that as per Sec. 11(1) of the said Act, the I.O have no jurisdiction to seize the mobile phones, i20 car and the cold storage which is beyond the local of the police jurisdiction. As per Sec. 11(5) of the said Act, the vehicle which is carrying cattle in inter district without any approval can be seized but, herein in the instant case, no cattle's were being carried in the vehicle and as such the bank guarantee as per Sec. 11(5) of the Assam Cattle preservation Act is not at all required.