GUWAHATI, India, May 6 -- Gauhati High Court issued the following order on April 2:
1. Heard Mr. S. Hoque, learned counsel for the petitioner and Mr. K. Gogoi, learned Additional Senior Government Advocate, Assam for the respondent nos. 1, 2 & 3.
2. By instituting the present writ petition, the petitioner has sought to invoke the extraordinary and discretionary jurisdiction of this Court under Article 226 of the Constitution seeking the following reliefs :-
1) Issue a writ in the nature of Mandamus directing respondent no. 3 [Officer inCharge, Sonapur Police Station] to forthwith compensate the petitioner the loss of Rs. 16,20,000/- [Rupees Sixteen Lakh Twenty Thousand] only suffered due to failure to hand over 27 cattle in terms of the order dated 11-02-2025 passed by the Learned SDJM[S]-1, Kamrup [M] and/or;
2) Declare that the arbitrary action of respondent no. 3 constitutes a constitutional tort and violation of fundamental rights under Articles 14 and 21 of the Constitution of India and/or;
3) Direct the State of Assam to recover the compensation amount from the erring officer personally, so as to ensure accountability in governance and/or; 4) Pass such further order[s] as this Hon'ble Court may deem fit and proper in the interest of justice. 3. The background facts leading to the institution of the writ petition can be narrated, in brief, at first.
4. On 22.10.2024, an information was received at Sonapur Police Station from a source that at a service lane near Samota Railway Bridge of Tetelia Railway Station, two nos. of trucks loaded with cattle were found in abandoned condition. On receipt of the said information, a General Diary Entry, G.D. Entry no. 38 dated 22.10.2024 was registered and an Assistant Sub-Inspector of Police, attached to Sonapur Police Station, was entrusted to cause an enquiry into the matter. A team of Police personnel, led by the ASI, went to the place of occurrence and it was found that two nos. of trucks bearing Registration nos. AS-01/RC-6724 and AS-18/AC-5376 loaded with cattle were left in abandoned condition and the drivers and the handymen of the two trucks had left the place of occurrence leaving the two trucks unattended.
5. On a search being made, twenty-seven nos. of cattle were found in each truck, that is, total fifty-four nos. of cattle and the same were seized along with the two trucks in presence of witnesses vide a Seizure List, M.R. no. 256/2024. Suspecting that the cattle were being transported illegally for illegal purposes, that too, by treating the cattle with cruelty, a First Information Report [FIR] was lodged before the Officer In-Charge, Sonapur Police Station on 22.10.2024. The said FIR has been registered as Sonapur Police Station Case no. 208/2024 for the offences under Sections 303[2]/317[2], Bharatiya Nyaya Sanhita [BNS], 2023, r/w Sections 11[1][a]/11[1][b]/11[1][d] of the Prevention of Cruelty to Animals Act and Sections 13[1]/14 of the Assam Cattle Preservation Act, 2021 and a Sub-Inspector of Police, attached to Sonapur Police Station, has been entrusted to carry out investigation into the matter.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=I1mmm2bl4r4EREhYK63Kv3%2BYDQZsaeeO9j34cN90u8mzIf0TcNBcGU%2FtcSUtwgpo&caseno=WP(C)/1923/2026&cCode=1&cino=GAHC010065492026&state_code=6&appFlag=)
Disclaimer: Curated by HT Syndication.
