Gauhati High Court
Md. Mannan Ali vs The State Of Assam And 3 Ors on 3 January, 2023
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GAHC010249892022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/7904/2022
MD. MANNAN ALI
PROPRIETOR OF M/S- MANNAN SEED HOUSE @ MANAN SEED FARM,
S/O- LATE HANIF ALI,
R/O- VILLAGE RANGESWARI PAM,
P.S- NAGARBERA, PIN-781127,
DIST- KAMRUP, ASSAM
VERSUS
THE STATE OF ASSAM AND 3 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM, AGRICULTURE DEPARTMENT, DISPUR, GUWAHATI-781006
2:THE DIRECTOR OF AGRICULTURE
ASSAM
KHANAPARA
GUWAHATI-22
ASSAM
3:THE DISTRICT AGRICULTURE OFFICER
KAMRUP
ASSAM
ULUBARI
GUWAHATI-781007
4:THE DEPUTY COMMISSIONER
KAMRUP
ASSAM
AMINGAON
GUWAHATI-31
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5:THE OFFICER-IN-CHARGE
CID P.S. ASSAM
GUWAHATI AT ULUBARI. PIN- 78100
Advocate for the Petitioner : MR H R A CHOUDHURY
Advocate for the Respondent : SC, AGRI. DEPARTMENT
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
03.01.2023
Heard Mr. Z. Hussain, learned counsel for the petitioner as well as Ms. M.
Barman, learned counsel for the respondent nos.4 and 5 and Mr. B. Choudhury,
learned standing counsel for the Agriculture Department appearing for the
respondent nos.1, 2 and 3.
2. In view of the nature of grievance raised in the present writ
petition, let a notice of motion returnable on 23.01.2023 be issued.
3. Requisite extra copies of the writ petition be served on the learned
State and Departmental counsel in course of the day.
4. The learned counsel for the petitioner has prayed for interim relief,
which is opposed by the learned standing counsel for the Agriculture
Department.
5. The case of the petitioner is that he is having a license for retail
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and wholesale trade in fertilizer and seeds and he also deals with agricultural
products under the name and style of M/s. Mannan Seed House @ Mannan
Seed Farm, at Nagarbera under Kamrup district. On an allegation that there was
a mismatch of subsidized urea fertilizer in his establishment, the petitioner was
arrested on 20.03.2022 in connection with CID P.S. case no.2/2022.
6. It is projected that on 19.03.2022, the shop and godown of the
petitioner was sealed and the keys of the same were handed over to the Officer
of the District Agriculture Department. The grievance of the petitioner is that he
is ready and willing to part with the possession of the seized urea subject to
adjudication as to whether the seized urea was stored in violation of the
conditions of permit/ license.
7. The learned counsel for the petitioner has also expressed that the
petitioner would have no grievance if the seized stock of urea is distributed,
subject to his claim for money. It is submitted that the petitioner is ready and
willing to abide by any condition that may be imposed to allow him to operate
his business from his establishment. The petitioner has also expressed his
willingness to undertake not to dispose any part of the seized urea which is
lying in his godown. It is also expressed that the petitioner has no objection if
the District administration or the Agriculture authorities make any alternative
arrangement to shift the urea seized from the petitioner to any different
location.
8. The learned standing counsel for the Agriculture department has
submitted that the concerned authorities have been communicating with their
own officiates as well as the officers of the District Administration for making
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alternative arrangement to store urea seized from the petitioner but alternative
arrangement could not be made. It is also submitted that the respondent
authorities would take some time to make alternative arrangements to either
store or distribute the urea fertilizer using the Public Distribution System and
therefore, he submits that if the establishment of the petitioner ordered to be
de-sealed, it may jeopardize the investigation as the stock of seized urea is the
subject matter of an ongoing investigation.
9. Considered the fact that the seized urea is a subject matter of
investigation of CID case no.2/2022. In this regard, the Court is inclined to refer
to the judgment dated 24.06.2022 passed by the Court in Crl. Rev.
Pet.224/2022 wherein the Court had deprecated the grant of custody of seized
articles, pending investigation.
10. Therefore taking into consideration that the grievance of the
petitioner that his business establishment has been sealed, the Court is inclined
to order as follows:
(i) That the CID authorities who have seized the business
establishment of the petitioner including shop and godown
shall, within 10 days from the date of receipt of certified copy
of the order, de-seal the shop and godown of the petitioner
under the name and style of M/s. Mannan Seed House @
Mannan Seed Farm.
(ii) That the personnel of the CID as well as the District
Administration and the District Agriculture Officer are permitted
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to formally seize the subsidized urea stored in the godown of
the petitioner and they are permitted to hand over the custody
of the same to the petitioner who on receipt of such zimma
shall not be permitted to deal or dispose any part of the urea
kept in his custody.
(iii) The investigation agency as well as the District
Administration and the Agriculture Department would be at
liberty at any time to remove the seized urea during the
pendency of the writ petition, without leave of the Court.
(iv) Within the time allowed, the CID shall allow the petitioner
to be in the possession of the shop and godown and to operate
his business, subject to other license and permits, whatever is
required to operate his establishment.
(v) In case of any difficulty in implementing this order, the
petitioner as well as the respondents are permitted to move this
Court for modification of the order.
11. List the matter on 23.01.2023.
12. The petitioner shall produce a certified copy of the order before the
CID PS, Guwahati and another certified copy be also produced before the
District Agricultural Officer, Kamrup to bring the order to the notice of the said
authorities.
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JUDGE
Comparing Assistant
