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. 2. 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. 3. 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. 4. 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. 5. 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. 6. 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. 7. 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. 8. 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. 9. All the steps necessary in the process have been taken by the State. 10. 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