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Vikash Yadav – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. This Writ Petition has been filed under Article 226 of the Constitution of India challenging the orders dated 10.9.2021 and 9.12.2021, passed by the District Magistrate, Azamgarh in case No. 630 of 2021 (Computer Case No. 0202115090000630) State Vs. Vikas Yadav alias Guddu under Section 14 (1) of the Uttar Pradesh Gangsters and Anti Social Activities ( Prevention) Act, 1986 ( hereinafter referred to as the 'Act of 1986') whereby petitioner's representation for release of his vehicle ( Truck bearing registration number UP 61AT 2942) attached under Section 14 of the Act of 1986, has been rejected.
2. Arguments are advanced on behalf of petitioner to submit that the District Magistrate has failed to take note of relevant materials on record and the scheme of the Act has not been correctly applied. It is also urged that application of mind on part of the District Magistrate is lacking which renders the orders impugned otherwise wholly arbitrary. Reliance is placed upon judgments of this Court in Badan Singh Vs. State of U.P. and others, 2001 (43) ACC as also in Afzal Begum Vs. State of U.P. 2012 (1) ACR 456 to submit that the orders impugned are liable to be quashed.
3. Lear
power of the Court to hold an inquiry under section 16 on the reference made by the District Magistrate is not an empty formality, which has a purpose behind it.
An appeal against an order refusing to release attachment under Section 17 of the 1986 Act would be maintainable under Section 18 of the same Act.
The court emphasized that property cannot be attached under the U.P. Gangsters Act without reasonable belief based on evidence, reinforcing the necessity of following natural justice principles durin....
The District Magistrate must record satisfaction and decide applications under Section 14 of the Act, and orders must be passed in accordance with the legal provisions.
The court affirmed that appeals against orders under the U.P. Gangsters Act, particularly regarding property attachment, are maintainable, emphasizing the necessity for expeditious judicial processes....
The main legal point established is that the District Magistrate must have sufficient evidence and reason to believe that the property was acquired through criminal activities before attaching it und....
The main legal point established is that the attachment of property under the Gangster Act requires a formal inquiry to determine if the property was acquired through criminal activities, and the cou....
The court emphasized that property attachment under the Gangster Act requires clear evidence linking the property to criminal activity, and failure to provide such evidence invalidates the attachment....
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