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SHAMIM AHMED
Najmi Begum – Appellant
Versus
State of U. P. , Thru. Addl. Chief Secy. /Prin. Secy. Home – Respondent
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
The court established that for property to be attached under the Uttar Pradesh Gangster Act, there must be a clear and substantiated connection between the property and criminal activities, and the b....
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 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 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....
The judgment established the importance of an objective determination by the District Magistrate and the burden of proof on the claimant to show that the properties were not acquired as a result of a....
The expression “reason to believe” contemplates an objective determination based on intelligent care and deliberation involving judicial review as distinguished from purely subjective consideration.
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 attachment of property under the U.P. Gangsters Act requires a clear nexus between the property and criminal activities, which must be proven by the State.
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