Gauhati High Court: The Division Bench of Vijay Bishnoi, CJ., and Suman Shyam, J., directed the counsel for Respondent 1 to furnish an affidavit in respect of Kamrup (Metro) district detailing out the action taken by the Fishery Department pursuant to the Standard Operating Procedures (‘SOP’) dated 20-1-2024 for restricting import of fish from other than self-sufficient States using formaldehyde.
Counsel appearing for Respondent 1 submitted that vide Notification dated 20-1-2024, the Government of Assam, Fishery Department published a SOP for restricting import/stock/sale of fish imported from other than self-sufficient States by road/river route using formaldehyde for keeping the fish in marketable condition for long duration. It was submitted that the SOP was implemented from 20-1-2024.
Counsel appearing for petitioner submitted that there were various shortcomings in the SOP and that there was a variation in respect of the inspections carried out by the State Public Health Laboratory; College of Fisheries; Gauhati University; Nagaon College; Dibrugarh University and the Fishery Departmental Officers at District Level in the year 2023. It was further submitted that though other Agencies had found chemical formaldehyde in the fishes imported from the other States, the Fishery Department in its survey found all the samples to be negative. Thus, it was contended that it was necessary to get a report from an independent Agency other than the State Agency.
The Court after considering the fact that the SOP was implemented from 20-1-2024, directed the counsel for Respondent 1 to furnish an affidavit in respect of Kamrup (Metro) district detailing out the action taken by the Fishery Department pursuant to the SOP dated 20-1-2024. The Court directed that the said affidavit must be filed within a period of three weeks also indicating the results of the tests conducted by the Nodal Agencies designated under the SOP dated 20-1-2024 by furnishing relevant facts and figures and the said affidavit should be sworn by the Commissioner & Secretary of the Fishery Department, Government of Assam.
The matter would next be listed on 13-5-2024.
[Hasibur Rahman v. State of Assam, 2024 SCC OnLine Gau 433, Order dated 19-4-2024]
Advocates who appeared in this case :
For the Petitioner: P. Agarwal, Advocate
For the Respondents: K.P. Pathak, Advocate appearing on behalf of P.N. Goswami, Additional Advocate General, Assam for Respondents 1 to 3; S. Sarma, Senior Advocate for Respondent 4; B.P. Borah, Advocate for the intervenor.