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IN THE HIGH COURT OF ALLAHABAD
SHAMIM AHMED, J.
Smt. Nazima - Appellant
Versus
State of U.P., Thru. Prin. Secy. Civil Sectt. Home, Lko. - Respondent
Criminal Appeal No. 1385 of 2023
Decided On : 16-12-2023
Gangster Act - Appeal - Section 18 - 14, 15, 16, 17 - The court quashed the impugned orders passed under Section 16 of the Gangster Act and Section 14 of the Gangster Act, and directed the release of all the attached property in favor of the appellant.
Fact of the Case:
The appellant's husband was implicated in multiple criminal cases, including those under the Gangster Act. The District Magistrate attached the appellant's ancestral property under the Gangster Act, leading to the appellant's appeal.
Finding of the Court:
The court found that the property was ancestral and not acquired through criminal activities. It also noted that the proceedings were not followed as per the provisions of the Act, and the impugned orders were passed in a manner not sustainable in the eye of the law.
Issues: The issues involved the attachment of the appellant's property under the Gangster Act, the failure to establish that the property was acquired through criminal activities, and the procedural irregularities in the court's proceedings.
Ratio Decidendi: The court emphasized that the property being made subject to attachment must have been acquired by a gangster as a result of the commission of an offense triable under the Act. It highlighted the need for a formal inquiry to determine the truth regarding the acquisition of the property and the importance of the court's order disclosing reasons and evidence in support of its findings.
Final Decision: The court allowed the appeal, quashed the impugned orders, and directed the release of all the attached property in favor of the appellant.
JUDGMENT :
1. Pleadings in the case have been exchanged between the parties.
2. Heard Shri Dharm Trivedi, learned counsel for the appellant, Ms. Shikha Sinha, learned Additional Government Advocate for the State and perused the material available on record.
3. The present appeal under Section 18 of U.P. Gangster and Anti Social (Prevention of Activities) Act, 1986 (hereinafter referred to as the 'Gangster Act') has been preferred by the appellant, namely, Smt. Nazima with a prayer to set aside the order dated 01.04.2023 passed under Section 16 of the Gangster Act in Misc. Criminal Case No.186 of 2022 (Nazima Vs. State of U.P.) by learned Additional Sessions Judge / Special Judge (Gangster Act), Court No.13, Lakhimpur Kheri and order dated 06.04.2022 passed by District Magistrate, Lakhimpur Kheri passed under Section 14 of the Gangster Act in Misc. Criminal Case No.586 of 2022 (Anwar Vs. State of U.P.), Case Crime No.85 of 2021, under Section 2/3 of Uttar Pradesh Gangster and Anti Social (Prevention of Activities) Act, 1986, Police Station Mailani, District Kheri, whereby the District Magistrate, Lakhimpur Kheri had attached the property (ancestral house) of the appellant.
4. In short, the facts of the case are that husband of the appellant, namely, Anwar was implicated in following cases:-
(II) Case Crime No.85 of 2021, under Section 2/3 of the Uttar Pradesh Gangster and Anti Social (Prevention of Activities) Act, 1986, Police Station Gola, District Kheri.
(III) Case Crime No.07 of 2021, under Section 60(2) of the Excise Act, Police Station Gola, District Kheri.
(IV) Case Crime No.465 of 2020, under Section 3/5/8 of the U.P. Prevention of Cow Slaughter Act, 1955, Police Station Gola, District Kheri.
(V) Case Crime No.15 of 2019, under Section 3/5/8 of the U.P. Prevention of Cow Slaughter Act, 1955, Police Station Gola, District Kheri.
(VI) Case Crime No.534 of 2015, under Section 110(G) of the Code of Criminal Procedure, 1973, Police Station Gola, District Kheri.
(VII) Case Crime No.785 of 2012, under Section 3/5Ka/8 of the U.P. Prevention of Cow Slaughter Act, 1955, Police Station Gola, District Kheri.
5. Learned counsel for the appellant submitted that the husband of the appellant has been implicated in the aforesaid cases due to enmity and the case under the Gangster Act was imposed upon him in the year 2021 whereas the property of the husband of the appellant which was attached vide order dated 06.04.2022 passed by the District Magistrate, Lakhimpur Kheri under section 14 (1) of U.P. Gangster Act, was acquired by him much earlier to the imposition of Gangster Act upon him.
6. Learned Counsel of the appellant further submitted that in furtherance of the FIR bearing Case Crime No.85 of 2021, under Section 2/3 of the Uttar Pradesh Gangster and Anti Social (Prevention of Activities) Act, 1986, Police Station Gola, District Kheri, the District Magistrate, Lakhimpur Kheri proceeded to exercise its power under Section 14(1) of the Gangster Act and passed an order for attaching the property of the appellant on 06.04.2022.
7. Being aggrieved by the aforesaid attachment order dated 06.04.2022 passed by District Magistrate, Lakhimpur Kheri, representation dated 13.06.2022 was preferred by the appellant before District Magistrate, Lakhimpur Kheri under Section 15 (1) of the Gangster Act seeking release of the appellant's property from attachment. However, the aforesaid representation was dismissed in a cursory manner by the District Magistrate, Lakhimpur Kheri vide order dated 21.07.2022. While passing the order dated 21.07.2022, the District Magistrate, Lakhimpur Kheri referred the case to the learned Gangsters Court under Section 16 of the Gangster Act in respect of property which was not released by him; and, the learned Gangsters Court, thereafter, proceeded to pass the impugned order dated 01.04.2023 in exercise of its powers
AI
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 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 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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