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Saurabh Sharma vs State Of U P And Others

High Court Of Judicature at Allahabad|21 February, 2019


Court No. - 55
Case :- MATTERS UNDER ARTICLE 227 No. - 895 of 2019 Petitioner :- Saurabh Sharma Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sharad Malviya,Mohd. Iqbal Farooqui Counsel for Respondent :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Sharad Malviya, learned counsel for the applicant and the learned A.G.A. for the State.
This petition has been filed by the petitioner Saurabh Sharma under Article 227 of the Constitution of India challenging the order dated 15.11.2017 passed by the C.J.M., Khurja, whereby the release application filed by the petitioner for release of the petroleum product and the truck has been rejected.The petitioner has also challenged the revisional order dated 19.1.2019 passed by the Second Additional District Judge/Special Judge SC/ST Act, in Criminal Revision No. 546 of 2017, which was preferred challenging the order dated 15.11.2017.
Learned counsel for the applicant submits that petroleum product is perishable commodity and secondly in view of the judgement of the Apex Court in the case of Sundarbhai Ambalal Desai vs. State of Gujarat, reported in (2002) 10, SCC 283, it is urged that the vehicle as well as the petroleum products are liable to be released. Learned A.G.A. submits that he be granted a short time to obtain instructions in this matter.
Accordingly, put up this case as a fresh case on 1.3.2019.
By the next date, the learned A.G.A. shall positively obtain instructions in the matter.
The assignment, if any, stands discharged.
Order Date :- 21.2.2019 HSM
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Saurabh Sharma vs State Of U P And Others


High Court Of Judicature at Allahabad

21 February, 2019
  • Rajeev Misra
  • Sharad Malviya Mohd Iqbal Farooqui