Sujit Kumar Chanda vs. The State Of Assam And 7 Ors
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The petitioner, Sujit Kumar Chanda, filed Public Interest Litigation petitions alleging that Burmese betel nuts, unfit for human consumption, were being indiscriminately auction-sold, posing a risk of them entering the market for consumption. He highlighted two instances of auction notices that allegedly violated the Standard Operating Procedure (SOP) for disposal. The State, through the Government Advocate, countered that an SOP for the disposal of seized Burmese areca nuts was formulated in 2021. This SOP includes verification of claims regarding the intended non-edible use of the nuts and requires buyers to submit undertakings and supporting documents like trade licenses and GST registration to ensure compliance.
Held
The Court acknowledged the petitioner's concern regarding the auction sale of seized Burmese areca nuts unfit for human consumption and the potential risk to the public. However, the Court was satisfied with the submissions made by the State of Assam. The State affirmed that a Standard Operating Procedure (SOP) dated 16.09.2021 was in place for the disposal of such nuts. This SOP includes stringent measures such as requiring buyers to provide undertakings and self-attested copies of trade licenses, GST registration, and other identity documents to ensure the nuts are used only for industrial or non-edible purposes. The State assured the Court that it was consistently monitoring and preventing illegal areca nuts and strictly adhering to the SOP during any auction sales. The Court expressed trust and hope that the seized non-consumable areca nuts would not be sold for public consumption under any circumstances. Consequently, the Public Interest Litigation petitions were disposed of with these observations.
Key Issues
1. Whether the auction sale of seized Burmese areca nuts, which are not fit for human consumption, poses an inherent danger of such nuts being brought to the market for consumption by gullible customers, and if so, what measures should be taken to prevent this? (Question of fact and law) The petitioner argued that the auction sales, as evidenced by two specific notices, were in violation of the established SOP, leading to the risk of unsafe nuts reaching consumers. The petitioner sought assurance that such nuts would only be auction-sold to industrial purchasers. The respondents (State of Assam and its officials) contended that a comprehensive SOP was formulated in 2021 to address the disposal of seized Burmese areca nuts. They argued that this SOP incorporates procedural safeguards, including verification of the buyer's intended use and the requirement for undertakings and supporting documentation, to prevent the nuts from being used for human consumption. The State asserted that it was meticulously adhering to this SOP.
Sections Cited
GST registration
AI-generated summary — verify with the full judgment below
Page No.# 1/5 GAHC010012032025
2026:GAU-AS:5846-DB
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : PIL/2/2025 SUJIT KUMAR CHANDA EDITOR, GANA AWAZ, SON OF LATE SUDHIR KUMAR CHANDA, RESIDENT OF KARIMGANJ ROAD, TARAPUR, DIST CACHAR, ASSAM -VERSUS-
THE STATE OF ASSAM AND 5 ORS. REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM, HOME AND POLITICAL DEPARTMENT, DISPUR, GUWAHATI-6 2:THE SECRETARY TO THE GOVERNMENT OF ASSAM HOME AND POLITICAL DEPARTMENT DISPUR, GUWAHATI 6 3:THE DIRECTOR GENERAL OF POLICE, ASSAM ULUBARI, GUWAHATI-7 4:THE DISTRICT COMMISSIONER KAMRUP METRO LICHU BAGAN HENGRABARI GUWAHATI ASSAM PIN-781036
Page No.# 2/5 5:THE SUPERINTENDENT OF RLY POLICE PANDU, GUWAHATI ASSAM PIN-781012 6:THE INSPECTOR OF POLICE GRPS PAN BAZAR, GUWAHATI ASSAM PIN-781001 Linked Case : PIL/40/2024 SUJIT KUMAR CHANDA EDITOR GANA AWAZ S/O- LATE SUDHIR KUMAR CHANDA R/O- KARIMGANJ ROAD TARAPUR DIST. CACHAR ASSAM -VERSUS- THE STATE OF ASSAM AND 7 ORS REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM HOME AND POLITICAL DEPARTMENT DISPUR, GUWAHATI-06. 2:THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM AGRICULTURE DEPARTMENT DISPUR, GHY-6. 3:THE DIRECTOR GENERAL OF POLICE, ASSAM ULUBARI, GUWAHATI-7. 4:THE DIRECTOR, AGRICULTURE KRISHI BHAWAN ASSAM KHANAPARA GUWAHATI-22. Page No.# 3/5 5:THE DISTRICT COMMISSIONER HAILAKANDI ASSAM PIN- 788151. 6:THE DISTRICT COMMISSIONER CACHAR SILCHAR ASSAM PIN- 788001. 7:THE SUPERINTENDENT OF POLICE HAILAKANDI, ASSAM PIN- 788151. 8:THE SUPERINTENDENT OF POLICE CACHAR, SILCHAR PIN- 788001. For the petitioner : Mr. N.H. Barbhuiya, Advocate For the respondents : Ms. S. Sarma, Govt. Advocate, Assam
– B E F O R E – HON’BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY 28-04-2026 (Ashutosh Kumar, C.J.)
We have heard Mr. N.H. Barbhuiya, learned Advocate for the petitioner and Ms. S. Sarma, learned Government Advocate, Assam for the respondents.
These Public Interest Litigation petitions have been filed on the observation of the petitioner that the Burmese betel nutsor areca nuts,
Page No.# 4/5 which are not fit for human consumption, are being indiscriminately auction-sold with an inherent danger of the same being brought to the market for consumption by gullible customers. A request therefore, has been made that it must be ensured that such seized Burmese areca nuts be, if required, only auction-sold to the industrial purchasers.
The petitioner has brought to notice of this Court two instances of auction notices for sale of seized Burmese areca nuts, which are in violation of the SOP made in this regard.
This allegation has been countered by Ms. S. Sarma, learned Government Advocate, Assam and it has been submitted that considering the risk and the danger involved in disposing off such seized Burmese areca nuts, a standard operating procedure for disposal of such nuts has been formulated in the year 2021 only.
One of the procedural safeguards is that even the claim of the owner of such Burmese areca nuts that such areca nuts would not be used for production of edible items but would be used for other purposes, would be required to be verified and such areca nuts would be given back to the owner only if such a claim by such owner or, in case of auction-sale, the buyer is found to be correct.
Even in all auction notices, Ms. Sarma contends, a clause is incorporated that any buyer would be required to submit an undertaking/bond in notary affidavit regarding usage of auctioned betel nuts only for industrial/non-edible purposes with self-attested copies of the trade licence relating to purchase/sale of Betel nuts, GST registration relating to Betel nuts, Aadhar card, Voter ID Card, PAN Card and Page No.# 5/5 passport for verification. In the event of the undertaking given by a buyer not being complied with by him, he can easily be traced for any penal offence. In fact, the minimum reserve price also is fixed in the auction- sale notice.
The affidavit filed on behalf of the respondent/ State clearly specifies that the Police Department is exercising consistent vigilance in monitoring and preventing any illegal areca nuts being smuggled in the State and, if at all it is brought in the State, those are seized and it is always ensured that if at all it is to be auction-sold, there will be strict adherence to the SOP dated 16.09.2021, referred to above.
The stand of the State is that it has always been meticulously adhering to the provisions of the SOP which guarantees that the seized nuts will not be used for human consumption.
All the steps necessary in the process have been taken by the State.
With such statement made on behalf of the State, we only trust and hope that the seized non-consumable areca nuts are not sold to public for consumption in any circumstance whatsoever. These PILs thus stand disposed off.
JUDGE CHIEF JUSTICE
Comparing Assistant
Reproduced from the public record of the Gauhati High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.