PRABHAT CHANDRA TRIPATHI,J. - (1.) Heard Sri Imran Ibrahim, Advocate holding brief of Sri Manish Tiwary, learned counsel for the petitioner and learned A.G.A. for the respondents.
(2.) In the instant writ petition, the petitioner has made following prayer:- "a. Issue writ, order or direction in the nature of certiorari quashing the impugned orders dated 27.5.2015 and 21.9.2015 in case no. 6749 of 2014 (State of U.P. v. Harjeet Singh) in case crime no. 570 of 2014 , under Sections 41, 411, 403, 414 I.P.C., Police Station G.R.P., District Gorakhpur. b. Issue writ, order or direction in the nature of mandamus directing the learned court below to release property of the petitioner in his favour which has been detained in case No. 6749 of 2014 (State of U.P. v. Harjeet Singh) in case crime no. 570 of 2014 , under Sections 41, 411, 403, 414 I.P.C., Police Station G.R.P., District Gorakhpur, during the pendency of the trial. c. Issue any other writ, order or direction, as this Hon'ble Court may deem fit and proper on the facts and circumstances of the case. d. Award cost of the writ petition in favour of the petitioner."
(3.) Learned counsel for the petitioner has argued that the petitioner is a broker/commission agent and purchases gold from jewellers in Gorakhpur and then jewelleries are made by the artisans at Amritsar. The jewellery and cash money recovered from his possession belongs to him. Gold ornaments weighing 78.850 grams belongs to him and were purchased from a firm namely N.S. Trading Company 2014 (Annexure 14). The details of the gold articles weighing 767 grams are as follows:- "i. 95.390 grams was purchased from Shri Prakash and Sons Sarraf Jewellery. ii. 90.510 grams belongs to Chandra Prakash Sarraf. iii. 51.330 grams is from Avtar Jewellers and ornament. iv. 100.15800 is from Manish Chandra Sarraf. v. 108.500 grams belongs to Alankar Jewellers and vi. Lastly, 305.470 grams is from M/s Bajrang Bullian Traders.";