( 1 ) THE property of the petitioner was attached under Section 14 (1) of the U. P. Gangsters and Anti-Social (Activities) Prevention Act 1986 by order of the District Magistrate, Jhansi.

( 2 ) THE petitioner made a representation against the order of attachment under Section 16 (1) of the said Act. The District Magistrate by his order dated 12-10-2000 rejected the representation and referred the matter with his report to the Special Judge (Gangsters Act) in accordance with Section 16 (1) of the Act. It is this order which is subject-matter of challenge in the present writ petition.

( 3 ) WE have heard Sri. UK Saxena, learned counsel for the petitioner at considerable length and have perused the record.

( 4 ) THE question whether the property attached has been acquired by a gangster as a result of the commission of an offenceunder U. P. Gangsters and Anti-Social Activities Prevention Act, 1986 is a pure question of fact. The claim of the petitioner that the property has not been acquired by commission of an offence or that it is an ancestral property can only be established by appraisal of the evidence. It will be open to the petitioner to lead oral and documentary evidence in supp

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