M/S Sequel Logistics Pvt. Ltd. ... vs State Of U.P. Thru. Secy. Deptt. Of ...
2019 Latest Caselaw 5797 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 11
 

 
Case :- U/S 482/378/407 No. - 4765 of 2019
 

 
Applicant :- M/S Sequel Logistics Pvt. Ltd. Thru. Operation Manager
 
Opposite Party :- State Of U.P. Thru. Secy. Deptt. Of Home
 
Counsel for Applicant :- Chandra Shekhar Sinha,Gaurav Verma
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Rajeev Singh,J.

Heard learned counsel for the parties.

The present application has been filed for the following main reliefs:-

"(i) to pass an order releasing the recovered gold, gold biscuit and jewellery weighing approximately 6.961 Kg (details given in para 4 of the application) which were looted from the lawful custody of the applicant company without which the applicant company and its clients are suffering undue loss.

(ii) to exercise its superintendence power and to direct the court below to expeditiously adjudicate the Application dated 16.10.2017, u/s 451 r/w 457 Cr.P.C. for release of goods filed in S.T. No.187 of 2016, Crime No.213 of 2015, u/s 396, 412 r/w 120-B IPC, Police Station Sohramau, District Unnao (State of U.P. vs. Madhukar Pandey and Ors.)."

Learned counsel for the applicant submitted that on 28.08.2015, a Company Van of the applicant company bearing No. UP 32 EN 4233 was coming from Kanpur to Lucknow carrying gold, gold biscuits and jewellery of its clients and when the Van of the company crossed toll tax barrier at Nawabganj, it was looted. Learned counsel for the applicant further submitted that in the aforesaid incident, the assailants took away two out of 3 bags containing about 7 Kg. of gold biscuit and gold jewellery. It is also submitted that the alleged commodity was recovered and the applicant moved an application for releasing of the article on 16.10.2017. The aforesaid application is appended as annexure No.6 to the application.

Learned counsel for the applicant also drew attention of the Court on the order sheet of the court below dated 31.10.2017 and submitted that till today the aforesaid release application has not been decided by the court below and prayed for direction for expedite disposal of the aforesaid application.

Learned AGA has no objection to the prayer made by learned counsel for the applicant.

Considering the aforementioned facts and circumstances of the case, learned court below is directed to decide the aforesaid release application dated 16.10.2017 in accordance with law, within a period of six weeks from the date of production of certified copy of this order.

Accordingly, the present application stands disposed of.

Order Date :- 8.7.2019

Ravi Kant