S. 11 Cattle Preservation Act | Circle Officer May Be Authorized To Enter, Inspect Premises But Has No Power To Seal It: Gauhati High Court

The Gauhati High Court has observed that a Circle Officer "may be" conferred with power under Section 11 of the Assam Cattle Preservation Act 2021 to enter and inspect a premises where violation the statute may have occurred including a meat shop, however the officer has no authority or jurisdiction to seal the premises.The Court noted that the statute permits such officers to enter and inspect a premises and seize materials found there, but it does not extend to sealing the premises altogether where there is a reason to believe that an offence under the Act has been or is likely to be committed.The above ruling came in a writ petition whereby the petitioner, a licensed meat seller challenged the sealing of his shop. Notably, the shop was licensed by the Hailakandi Municipal Board for selling buffalo meat, raw meat, chicken and dairy products and held a valid registration under the Assam Shops and Establishments Act, 1971.According to the FIR, police acting on credible information searched the petitioner's shop and allegedly recovered raw meat, suspected to be beef, weighing 4.50 KGs. The Investigating Officer and the Officer-in-Charge then wrote to the Circle Officer seeking sealing of the shop till completion of investigation. Acting on these communications, the shop was sealed the same evening.The question the court was considered was whether under the provisions of the Act, 2021 and the relevant Rules, any authority who exercises powers under the Act can seal a shop and continue to keep a shop under sealed condition thereafter. Referring to Section 11 of the Act Justice Manish Choudhury, presiding over the matter, stated, “The provisions of Section 11 which has provided the power, authority and jurisdiction to the officials mentioned therein including a Police Officer not below the rank of Sub-Inspector to enter, inspect, search and detain, but no power, authority and jurisdiction has been vested on such empowered officials including a Police Offices not below the rank of Sub-Inspector to seal a premise wherefrom any offence under the Act is found to have been committed.”As per the provision a Police Officer not below rank of a Sub-Inspector or a registered Veterinary Officer, or any person authorized in that behalf by the State Government, has the power to enter and inspect any premises. The provision states that a Police Officer not below the rank of Sub-Inspector or any other empowered officer, if of the opinion that an offence under the Act has been committed or is likely to be committed, may seize any materials or carcasses or cattle. The court thereafter said:“The empowered official like a Police Officer not below the rank of Sub-Inspector can seize any material including raw meat, suspected to be beef, in exercise of the powers conferred on him under Section 11 of the Act but he has not been vested with any power to seal the premises so inspected. A Circle Officer even if he is authorized under Section 11 of the Act by the State Government, does not possess any power, authority and jurisdiction to seal a premise though he may be conferred with the power to enter into a premises and to inspect such premises in order to seize any material from the premises so inspected". The petitioner challenged the sealing as wholly without authority while arguing that no power was vested on the respondent authorities to seal a shop in the course of investigation of the case. The State argued that the activities allegedly involved violation of the 2021 Act and posed a possibility of disturbing public order, referring to the prohibition under Section 8 on the sale of beef within a specific distance from a religious place.The Court held: “As no power, authority and jurisdiction is found to be vested either on the respondent no. 3(circle officer) or on the respondent no. 4 (Officer-in-Charge Algapur Police Station) to seal the shop premises of the petitioner … the action on their part in sealing the shop of the petitioner on 10.07.2025 is found to be a high handed action beyond their power, authority and jurisdiction. In such view of the matter, the act of sealing … is found to be illegal.”The Court then directed that the seal be removed immediately, while clarifying that the investigation may continue. Concluding the matter, the Court allowed the writ petition “to the extent indicated” and ordered removal of the seal, while permitting the criminal investigation in the case to continue.Case Number: W.P.(C) No. 4930/2025 Case Title: Aynul Hoque Laskar v. State of Assam & Others Click here to read the judgment Citation: 2025 LiveLaw (Gau) 81

S. 11 Cattle Preservation Act | Circle Officer May Be Authorized To Enter, Inspect Premises But Has No Power To Seal It: Gauhati High Court

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S. 11 Cattle Preservation Act | Circle Officer May Be Authorized To Enter, Inspect Premises But Has No Power To Seal It: Gauhati High Court

Bhavya Singh

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