Criticisms Not Based on Facts Should Always Be Double Checked: Sivasagar Police Tells Media
In reference to a recent media report on a cattle smuggling incident in the district of Sivasagar, the Assam police on Sunday urged the media to understand The Assam Cattle Preservation Act, 2021 and The Assam Cattle Preservation (Amendment) Act, 2021 when read together.
The police in a press statement clarified that as per Section 3 of the Amendment Act, in Section 7(6)(i) and Section 7(6)(ii) of the Principal Act the words "particular district" and "district" respectively have been substituted by "state".
As per Section 3 of the Amendment Act, in the Principal Act Section 7 sub-section (3) transportation is banned only to that district which shares International Border with any foreign country, it said.
“Which means movement of cattle from one district to another within Assam is not banned unless that district has an International Border. In this case destination Nagaon district doesn't have any International Border. There is no bar in buy or selling of Cattle under this Act,” the police said in the statement.
The police also highlighted that in the Indian Penal Code (IPC), for theft to have taken place, a person should take dishonestly any movable property WITHOUT THE PERSON'S CONSENT. It means when there is a transaction with the consent of both buyer and seller, it does not constitute Theft.
The police therefore claimed that in the Sivasagar case, no theft of cattle has taken place because both the sellers have stated that they have willfully sold their cattle to a buyer.
“With respect to forgery of receipts, the lessee himself has admitted that the receipts were issued by him. The question of forgery of the receipts arises when the person issuing the receipts denies the issue of receipts by him, which is not the case in this particular incident,” the statement added.
Meanwhile, the police also mentioned that in the case of animal cruelty, the cattle were immediately sent to the Veteranary Department for medical examination, after which a case was initiated under the Prevention of Cruelty to Animals Act, 1960, and legal communication was conducted with the CJM Court.
On the other hand, the police further clarified that the issue of a receipt by the lessee on a non-market day has been communicated to the District Commissioner Sivasagar as well as the CEO Zila Parishad, and the Standing Committee is taking the necessary action in accordance with the Panchayat Rules, which by itself doesn't constitute any IPC offence.
