JUDGMENT :

SURESH KUMAR GUPTA,J.

1. Heard learned counsel for the petitioner, learned A.G.A for the State and perused the material available on record.

2. By means of this petition under Article 226 of the Constitution of India, the petitioner has prayed following reliefs:-

“(i) Issue a writ, order or direction in the nature of certiorari to quash the impugned order dated 31.-07.2019 which is passed in Gangster Criminal Misc. Case No. 08/2018 bearing name Hakimuddin Vs. State of U.P. under Section 14

(1) U.P. Gangster Act by Additional District Judge, Court No. 10/Special Judge Gangster Act, District Sultanpur as well as order dated 25.07.2018 which is passed by District Magistrate District Amethi in Case No.00590/2018, under Section 14 (1) U.P. Gangster Act as contained in Annexure No. 1 and 2 to this writ petition.

(ii) Issue a writ, order or direction in the nature of mandamus commanding the opposite party no. 2 to 4 to release the seized vehicle No. U.P. 44 AA/7287 forthwith in favour of the petitioner.”

3. Brief facts of the case are as follows:

4. The S.H.O, Kothwali Amethi in his report dated 15.05.2018 has mentioned that the petitioner being a gang member had acquired several property by means of anti-social activities and acquired the Indica Vista Car No. UP 44 AA 7287 without disclosing the source of income. According to police report, he had no source of income. The above motor vehicle prima facie held to be proceed of crimes under the Act, 1986 and liable to be attachment thus requested to the Superintendent of Police to initiate attachment proceedings under Section 14(1) Gangsters Act, 1986. Consequently, Superintendent of Police Amethi wrote a letter dated 18.05.2018 to District Magistrate, Amethi for initiating a proceeding for attachment of aforesaid motor vehicle under Section 14(1) Gangsters Act, 1986.

5. Learned counsel for petitioner has submitted that the District Magistrate, concerned on receipt of said letter, initiated seizure proceeding of the vehicle of the petitioner vide order dated 26.06.2018. The petitioner on 02.07.2018 filed an objection by way of representation by disclosing the source of income and acquisition of motor vehicle and also requested to release his vehicle. The plea of the petitioner was rejected under Section 14 (1) of the Gangster Act, 1986 on 25.07.2018 on the ground that a petitioner is a history sheeter and four offences shown in Gang-chart against him and no material evidence of purchasing of said vehicle with valid source of income has been produced.

6. Further submission is that the learned District Magistrate concerned declined to release the vehicle vide order dated 25.07.2018 with the order of attachment and referred the matter to Special Judge (Gangsters Act) under Section 16 (1) of U. P. Gangsters Act, 1986. Thereafter the petitioner made a representation before learned Special Judge (Gangsters Act)/Additional Sessions Judge, Sultanpur. The petitioner requested that aforesaid Vehicle was purchased by earnings of his agricultural sources, pension of father, who was posted in Army and his wife is Gram Pradhan, but the all submissions of the petitioner was rejected regarding the purchasing of the vehicle and dismissed the application for releasing vehicle on 31.07.2019 on the ground that the concerned case is at the premature stage and the evidence of witnesses is yet to be recorded to reach the final conclusion. So releasing the aforesaid vehicle at this stage is contrary to provisions enshrine under Section 16 (3) of the Gangster Act.

7. Learned counsel for petitioner has submitted that vehicle no. UP 44 AA 7287 was purchased by the petitioner on 25.10.2013 from Anany Motor Private Limited for a sum of Rs. 7,04,144/-and the said vehicle was financed with Mahindra & Mahindra Finance Service Limited with 23 equal installments of Rs.18,990/-and sale letter is annexed as Annexure No. 3. Further submission is that at the time of purchase, his wife was Gram Pradhan and father was post