Page No.# 1/3 GAHC010093822023 2025:GAU-AS:2316-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : PIL/31/2023 HASIBUR RAHMAN SON OF LATE HYDER RAHMAN, RESIDENT OF GREENLAND PATH, BAGHORBARI, GUWAHATI, KAMRUP METRO, ASSAM. VERSUS 1: THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, JANATA BHAWAN, DISPUR, GUWAHATI. 2:COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FOOD AND CIVIL SUPPLIES DEPARTMENT (FOOD SAFETY). 3:COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FISHERY DEPARTMENT. 4:PRINCIPAL NAGAON COLLEGE NAGAON NAGAON DISTRICT ASSAM. 5:THE ANDHRA PRADESH STATE FISH FARMERS ASSOCIATION (INTERVENOR REPRESENTED BY ITS PRESIDENT). For the Petitioner(s) : Ms. P. Agarwal, Advocate. For the Respondent(s) : Ms. S. Sarma, Junior Govt. Advocate, Assam for the respondent Nos.1 to 3. : Mr. S. Sarma, Sr. Advocate, assisted by Mr. T.K. Bhuyan, Advocate for respondent No.4. Page No.# 2/3 – B E F O R E – HON’BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR 05.03.2025 (Vijay Bishnoi, CJ) This PIL petition is filed on behalf of the petitioner raising a concern about the presence of high percentage formaldehyde in the fish imported into Assam from other States, which is more than the permissible limit. The petitioner has placed reliance on certain news articles published in daily newspapers, namely, “Amar Axom”, “Assam Tribune” and has also placed reliance on certain other material in support of the contention that the State Government is not taking any effective measures to check the high percentage of formaldehyde in the fish imported into Assam from other States. In response to the writ petition, a consolidated affidavit is filed by the respondent No.3 on behalf of the State of Assam as well as the Fishery Department, wherein it is stated that to check the high percentage of formaldehyde in the fish imported from the other States, the State Government has prepared an SOP dated 14.11.2023, wherein certain measures have been advised to be adopted for checking the said menace. Ms. P. Agarwal, learned counsel for the petitioner has also submitted that if the State Government and its instrumentalities strictly follow the directions given in the SOP, then the high percentage of formaldehyde in the fish imported from the other States can be checked to an extent. We have gone through the above-mentioned SOP. In the SOP, certain duties have been assigned to the State Level Task Force and the District Level Task Force in order to check high percentage of formaldehyde in the fish imported into Assam from other States. Page No.# 3/3 Having taken into consideration the facts and circumstances of the case, we are of the opinion that this PIL petition can be disposed of with a direction to the respondents to follow the SOP in its full letter and spirit so that the high percentage of formaldehyde in the fish imported from other States can be checked. It is expected that the said Task Forces shall carry out the instructions given in the SOP in its full letter and spirit. It is also expected that if there is any complaint either from an individual or association regarding the high percentage of formal formaldehyde in the fish imported from the other States, the State Level Task Force or the District Level Task Force shall immediately act upon and take effective action to prevent the same. Ordered accordingly. With the above observation and direction, the PIL petition stands disposed of. JUDGE CHIEF JUSTICE Comparing Assistant