Virendra Kumar Vs. Union of India (Uoi)

Virendra Kumar vs Union of India (Uoi)

Type Court Judgment Court Allahabad Decided Jul 24, 1989

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Citation: sooperkanoon.com/480226
Court: Allahabad High Court
Judge: K.C. Agarwal, A.C.J. and ;R.K. Gulati, J.
Decided On: Jul 24, 1989
Case Number: Civil Misc. Writ Petition No. 1057 of 1987
Subject: Narcotics

Case Summary

AI-generated summary - not the official court judgment text.

Speedy decision - High Court directs magistrate to decide case within three months. -

Key legal issue: Narcotics
Acts & sections: Constitution of india - Article 226; Narotic Drugs and Psychotropic Substances Act, 1985

Parties & Advocates

Appellant / Petitioner

Virendra Kumar

Respondent

Union of India (Uoi)

Legal References

Acts: Constitution of india - Article 226; Narotic Drugs and Psychotropic Substances Act, 1985
Reported In: 1989(24)ECC37; 1990LC44(Allahabad); 1990(45)ELT224(All)

Excerpt

speedy decision - high court directs magistrate to decide case within three months. - k.c. agarwal, a.c.j.1. this petition under article 226 of the constitution has been filed for the following relief:'to issue a writ, direction or order in the nature of mandamus directing the respondents to release the seized currency, national saving certificates, and fixed deposit receipts forthwith.'2. it appears that a first information report was lodged against the petitioner for the offences alleged to have been committed by him under certain sections of the narcotic drugs and psychotropic substances act, 1985. in connection with the detection of the offences a raid was organised at the premises of the petitioner and national saving certificates, fixed deposit receipts and cash a sum of rupees one lakh fourteen thousand and odd was seized along with the drugs. the contention of the petitioner's counsel is that the authorities did not have power to seize national saving certificates and fixed deposit receipts which were of a date much earlier to the commission of the offence by the petitioner. however, we did not wish to go into these controversies in the present proceeding as we consider it appropriate to direct the magistrate to decide the criminal case pending before him.3. the special judicial magistrate (economic offences), allahabad is directed to decide the complaint filed against the petitioner within three months of the filing of the certified copy of this judgment.4. subject to above the writ petition is disposed of.

Full Judgment

K.C. Agarwal, A.C.J.

1. This petition under Article 226 of the Constitution has been filed for the following relief:

'To issue a writ, direction or order in the nature of mandamus directing the respondents to release the seized currency, National Saving Certificates, and Fixed Deposit Receipts forthwith.'

2. It appears that a first information report was lodged against the petitioner for the offences alleged to have been committed by him under certain sections of the Narcotic Drugs and Psychotropic Substances Act, 1985. In connection with the detection of the offences a raid was organised at the premises of the petitioner and National Saving Certificates, Fixed Deposit Receipts and cash a sum of rupees one lakh fourteen thousand and odd was seized along with the drugs. The contention of the petitioner's counsel is that the authorities did not have power to seize National Saving Certificates and Fixed Deposit Receipts which were of a date much earlier to the commission of the offence by the petitioner. However, we did not wish to go into these controversies in the present proceeding as we consider it appropriate to direct the Magistrate to decide the criminal case pending before him.

3. The Special Judicial Magistrate (Economic Offences), Allahabad is directed to decide the complaint filed against the petitioner within three months of the filing of the certified copy of this judgment.

4. Subject to above the writ petition is disposed of.

Same Court & Year Allahabad · 1989 Same Parties Virendra Kumar vs Union of India (Uoi) Same Subject Narcotics Same Judge K.C. Agarwal, A.C.J. and ;R.K. Gulati, J. Acts & Sections Constitution of india - Article 226; Narotic Drugs and Psycho...

Narcotics