A Division Bench Allahabad High Court- comprising of Justice Siddhartha Varma and Justice Ajit Kumar has directed all concerned Magistrates of State of Uttar Pradesh to do immediate disposal of all cases pertaining to confiscated properties like life- saving drug namely Remdesivir, Oxygen cylinders and oximeters, and such other related articles within a week from the institution of such case before them.
The Counsel on behalf of the State/Respondent submitted before the Court that for the disposal of the confiscated articles like life-saving drugs Remdesivir injection, oxygen cylinders, and oximeters, the concerned Magistrate was himself sufficiently empowered to pass order immediately under Section 451 and 457 of Code of Criminal Procedure, 1973.
The Court while dealing with a PIL related to Covid-19 issues has directed that,
"Accordingly, we hereby direct to all the concerned Magistrates in the entire State of Uttar Pradesh to immediately dispose of the case properties like life-saving drugs namely Remdesivir, Oxygen cylinders and oximeters and such other related articles within a week of
the case being instituted before them."
The Court also directed the Director-General of Police to immediately issue advisory to all the Senior Superintendents/ Superintendents of Police in the State to direct the concerned police officers who have seized or would seize in future such articles from illegal possessions, to immediately within 24 hours of such seizure, approach concerned Magistrates for the disposal of such property.
And in the event they approach the concerned Magistrate, he shall dispose of the case properties exercising power under Section 457 Cr.P.C. within three days thereafter in view of the current pandemic caused by Covid-19.
Case details
Case: - PUBLIC INTEREST LITIGATION (PIL) No. - 574 of 2020
Petitioner:- In-Re Inhuman Condition At Quarantine Centres And For Providing Better Treatment To Corona Positive
Respondent: - State of U.P.
Counsel for Petitioner: - Gaurav Kumar Gaur, and Others
Counsel for Respondent:- C.S.C., Arun Kumar, and Others
Bench: Justice Siddhartha Varma and Justice Ajit Kumar
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