SHAMIM AHMED
Sushil Kumar Jaiswal – Appellant
Versus
State of U. P. – Respondent
Based on the provided legal document, the key points regarding the case are as follows:
The appeal was filed against an order that confirmed the attachment of the appellants' properties under the Gangster Act, which was based on the District Magistrate's belief that the properties had been acquired through illegal activities involving a gangster. The court found that the attachment was made without proper legal basis, as the prosecution failed to establish that the properties were earned from income obtained through anti-social activities or criminal conduct (!) (!) (!) .
The order for attachment was issued solely on the basis of police reports without sufficient material to support the belief that the properties were acquired as a result of criminal activities. The satisfaction of the District Magistrate was not supported by relevant reasons or evidence, rendering the attachment unlawful. The Court emphasized that the attachment of property requires a clear nexus between the property and criminal activity, which was not demonstrated in this case (!) (!) (!) .
The properties in question, including land and vehicles, were inherited or registered in the names of family members of the appellants, not directly in their names. The Court noted that the properties were not proved to have been acquired through illegal means by the appellants themselves, and the mere involvement in criminal cases does not automatically justify attachment of property unless it is shown to be derived from criminal income (!) (!) .
The proceedings under the Gangster Act, specifically the inquiry and attachment process, were found to be conducted in a mechanical manner without proper application of legal provisions. The Court highlighted that the law requires a formal inquiry to establish whether the properties were acquired as a result of criminal activity, and such inquiry was not properly conducted here (!) (!) .
The Court reaffirmed that the burden of proof lies with the prosecution to establish that the properties were obtained through criminal activities. Since this burden was not satisfied, the attachment and subsequent orders were deemed illegal and liable to be quashed (!) (!) .
As a result, the Court allowed the appeal, quashed the impugned orders of attachment, and directed the release of the properties, including the vehicles and shops, to the appellants. The Court emphasized that the orders were passed without proper legal basis and that the properties were not acquired through criminal means (!) (!) .
The Court underscored the importance of following the correct legal procedures, including proper reasons and evidence for attachment and inquiry, and held that any deviation renders the orders invalid. The proceedings initiated in this case were found to be arbitrary and in violation of statutory provisions (!) (!) .
In summary, the court found that the attachment of the properties was unlawful due to lack of sufficient evidence linking the properties to criminal activities, improper procedure, and failure to follow statutory requirements, leading to the quashing of the attachment orders and the direction to release the properties to the appellants.
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 Ms. Shubhangi Singh, Advocate, holding brief of Shri Abhishek Kumar Singh, the learned counsel for appellants, Shri Diwakar Singh, the learned A.G.A. for the State-opposite party 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 appellants, namely, Sushil Kumar Jaiswal and Kamal Kishore Jaiswal against the judgment and order dated 10.03.2021 passed by the court of learned Special Judge, Gangster Act/ Additional Sessions Judge, Court No. 5, Unnao in Criminal Misc. Case No. 94 of 2021, Sushil Kumar Jaiswal Vs. State, arising out of Case Crime No. 336 of 2017, under Section 3(1) of the Gangster Act, Police Station Hasanganj, District Unnao, whereby the learned trial court has rejected the application under Section 16(2) of Gangster Act moved on behalf of appellants and confirmed the order dated 01.01.2021 passed by the District Magistrate,
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