M/S. Pioneer Live Stock v. State Of West Bengal And ORS.

18-06-2021 ct no. 13 Sl.15 pk/akd WPA 6844 of 2021 (CAN 1 of 2021) (Through Video Conference) M/s Pioneer Live Stock

Versus

State of West Bengal and others Ms. Debjani Ghosal ...for the petitioner Mr. Ayan Banerjee ... for the State respondents Counsel for the petitioner submits that his client is engaged in the business of trade in cattle and live stock within the country. It is submitted that in course of transportation of such cattle to Meghalaya from West Bengal, various police stations on the way have stopped his truck and have seized the cattle and have also arrested the personnel engaged in such transportation.

Counsel for the petitioner submits that he is a bona fide trader within the country. There are documents annexed to the writ application indicating that the petitioner supplies cattle to the Government of Meghalaya.

Counsel for the State submits that the State in principle cannot have any objection to the trade engaged in by the petitioner to supply cattle to Meghalaya but since the State of West

Bengal has a border with the foreign country and in view of large incidents of cattle smuggling, the State police at various locations are required to be doubly vigilant.

This Court is of the view that the State should adopt a Standard Operating Procedure to not interrupt genuine trade of cattle within the country particularly from West Bengal to the North Eastern States of India.

In that view of the matter, the Inspector General of Police, North Bengal being the respondent no. 3 herein in consultation with any other necessary authorities, shall prepare a Standard Operating Procedure for the purpose of strict compliance by any trader of cattle and live stock from West Bengal to other States and within the country.

Let the writ petition itself be treated as a representation of the petitioner for the aforesaid purpose.

The petitioner shall supply any further documents and inputs for the aforesaid purpose.

It is expected that the aforesaid Standard Operating Procedure would be finalised as expeditiously as possible preferably within a period of three months from the date of communication of this order.

Pending establishment of the Standard Operating Procedure, the Inspector General of Police, North Bengal may at its discretion allow the petitioner to transport his cattle to the State of Meghalaya subject to compliance of all necessary formalities.

With the aforesaid directions, the writ petition is disposed of.

In view of disposal of the writ petition, connected application being CAN 1 of 2021 is also disposed of.

There will be no order as to costs.

All parties are directed to act on a server copy of this order.

(Rajasekhar Mantha, J.)