JUDGMENT :

1. Pleadings have already been exchanged between the parties and are on the record. The case is ripe up for final hearing.

2. Heard Sri Nadeem Murtaza, learned counsel for the appellant along with Sri Wali Nawaz Khan and Ms. Snidha Singh and Sri Manoj Singh, learned A.G.A. for the State and perused the material available on record.

3. Perused the lower court record.

4. The present appeal under Section 18 of U.P. Gangster and Anti Social (Prevention of Activities) Act, 1986 (herein after referred to as, 'Gangster Act') has been preferred by the appellant, namely, Najmi Begum against the judgment and order dated 30.10.2021 passed by the court of Special Judge, Gangster Act/Additional Sessions Judge Court No.5, Sitapur in Criminal Misc. Case No. 122 of 2021, Najmi Begum Vs. State, arising out of Case Crime No. 3 of 2021, under Section 2/3 of the Gangster Act, Police Station Kotwali, District Sitapur, whereby the learned trial court has rejected the application under Section 15(1) of Gangster Act moved on behalf of appellant and confirmed the order dated 22.02.2021 passed by the District Magistrate, Sitapur, directing attachment of property of appellant.

5. In Short facts of the case are that initially a first information report dated 01-01-2021 was lodged by Shri Tej Prakash Singh, Incharge Inspector of Police Station Kotwali, District Sitapur bearing Case Crime No. 0003 of 2021 against the husband of appellant and 2 others alleging therein that accused persons are involved in anti social activities and on account of fear created by them in the locality no one has dare to adduce evidence against them. They are involved in the illegal activities against Chapter 16, 17 and 22 of Indian Penal Code.

6. Learned Counsel Mr. Nadeem Murtaza submits that on implication of husband of the appellant in Case Crime No. 0003 of 2021, under Section 2/3 of U.P. Gangster and Anti Social (Prevention of Activities) Act, registered at Police Station Kotwali, District Sitapur, the husband of the appellant and co-accused Ahmad Husain @ Chhannu, approached this Hon'ble Court for quashing of FIR and this Hon'ble Court was much pleased to stay the arrest of the husband of the appellant and co-accused Ahmad Husain @ Chhannu in Misc. Bench No. 410 of 2021 vide order dated 08-01-2021.

7. Learned Counsel of the appellant further submitted that in furtherance of the FIR bearing Case Crime No. 003/2021 registered at Police Station Kotwali, District Lucknow, Respondent No. 2 proceeded to exercise his powers under Section 14(1) of the UP. Gangsters and Anti-Social Activities (Prevention) Act, 1986 and passed an order for attaching the immovable properties of, inter alia, the Appellant and her husband on 02.01.2021. Further, another order dated 02.01.2021 was passed by Respondent No. 2, whereby, automobile vehicles of the Appellant and her husband were attached under Section 14(1) of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986.

8. That being aggrieved of the aforesaid attachment orders dated 02.01.2021 passed by Respondent No.2, representations dated 03.02.2021 and 05.02.2021 were preferred before Respondent No. 2 under Section 15 (1) of the Gangsters Act seeking release of the Appellant's properties from attachment. However, the aforesaid representations were dismissed vide a common order dated 22.02.2021 of Respondent No. 2. While passing the aforesaid order dated 22.02.2021 Respondent No 2 referred the case to the Ld. Gangsters Court under Section 16 (1) of the UP Gangsters and Anti-Social Activities (Prevention) Act, 1986 in respect of properties which were not released by him; and, the Ld. Gangsters Court, thereafter, proceeded to pass the impugned order dated 30.10.2021 in exercise of its powers under Section 17 of the Gangsters Act.

9. That Learned Counsel for the appellant further pointed out that Ld. Court of Special Judge Gangster Act/ Additional Sessions Judge Court No. 5. Sitapur vide its order dated 27/08/2021 was pleased to