: District Magistrate Must Refer Rejected Property Release to Court Under
In a significant clarification of procedural mandates under the , the has held that a District Magistrate cannot simply reject an application for release of attached property; he must refer the matter to the competent court.
A of Justice Ajay Bhanot and Justice Divesh Chandra Samant an order passed by the District Magistrate of Firozabad on , which had rejected a plea filed by Pooja Devi, the wife of alleged gangster Sushil Kumar alias Satta, seeking release of properties attached under .
The Case and the Legal Lacuna
The petitioner's properties were attached on , under , following the registration of a gangsters case against her husband. In and , she moved applications under , seeking release of the attached property.
The District Magistrate's rejection order catalogued Sushil Kumar's criminal history, noting that he had entered the world of crime in and that 19 cases — including allegations of robbery, kidnapping, rape, murder, and criminal intimidation — were registered against him. The DM concluded that the properties were acquired from the proceeds of crime and that the petitioner failed to prove legitimate sources of income.
However, the High Court found a critical : while the DM rejected the application under Section 15, he failed to comply with the of , which explicitly requires the District Magistrate to refer the matter with his report to the court having jurisdiction to try an offence under the .
Court's Scrutiny of Section 16(1)
The bench extracted
, which states:
"Where no
is made within the period specified in sub-section (1) of Section 15 or the District Magistrate does not release the property under
he shall refer the matter with his report to the Court having jurisdiction to try an offence under this Act."
The Court observed that the mandate of Section 16(1) is clear: if the District Magistrate declines to release the attached property on an application under , he is liable to refer the matter to the court. In this case, no such reference was made by the District Magistrate. The Government Advocate, on instructions, did not dispute this factual omission.
Key Observations from the Bench
The High Court did not mince words in characterizing the DM's order, holding:
"The
is in the teeth of the
."
The Court further noted that the District Magistrate's order purported to exercise powers under , yet ignored the very provision's requirement for a reference to the court.
Decision and Remedy
Finding the order , the High Court the District Magistrate's decision dated . The matter has been to the District Magistrate, Firozabad, with a direction to decide the petitioner's for afresh, in accordance with law, within two months from the date of receipt of a certified copy of the High Court's order.
The was allowed to the extent indicated.
Implications
This ruling reinforces that the built into the must be strictly followed. District Magistrates cannot act as final arbiters on property disputes; they must involve the competent court when rejecting release applications. The decision ensures that property owners facing under the receive a before their claims are finally rejected, rather than being left with only an .