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2022 Supreme(All) 333

Vikash Yadav – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Petitioner: Shivam Shukla, Rahul Srivastava.
For the Respondent: G.A.

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

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