IMPORTANT POINT
The main legal point established is that property attachment under the Gangster Act requires sufficient reason to believe that the property was acquired through gangster activities, and a formal inquiry is necessary to determine the truth regarding the acquisition of the property.

JUDGMENT :

1. Pleadings in the case have been exchanged between the parties.

2. Heard Shri Anurag Shukla, learned counsel for the appellants as well as Shri Ashok Kumar Singh, learned A.G.A-I 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 appellants, namely, Sudha Singh and Vijay Pratap Singh @ Gallan Singh with a prayer to set aside the order dated 19.10.2023 passed by the learned Additional District and Sessions Judge / F.T.C.-II / Special Judge, Gangster Act, District Sultanpur in Crl. Misc. Case No.4/2022 (State Vs. Vijay Pratap @ Gallan) as well as the order dated 23/27.04.2022 passed by the District Magistrate, Amethi attaching/seizing the property of the appellants and the order dated 16.08.2022 passed by the District Magistrate, Amethi, rejecting the representations of the appellants and making reference to the learned trial court.

4. In short, the facts of the case are that appellant no.2, namely, Vijay Pratap Singh @ Gallan Singh was implicated in following cases:-

I) Case Crime No.257 of 2021, under Sections 302, 120-B I.P.C., Police Station Munshiganj, District Amethi.

II) Case Crime No.207 of 2021, under Sections 323, 504 I.P.C. read with Section 3(1)(d)(dha), 3(2)(5)(ka) of S.C./S.T. Act, Police Station Munshiganj, District Amethi.

III) Case Crime No.1120 of 2014, under Sections 147, 148, 149, 188, 307, 302, 336, 382, 353, 357, 427, 506, 504, 120-B I.P.C. and Section 7 of C.L.A. Act, Police Station Amethi, District Amethi.

IV) Case Crime No.327 of 2001, under Sections 147, 323 I.P.C., Police Station Munshiganj, District Amethi.

V) Case Crime No.83 of 1995, under Section 307 I.P.C., Police Station Munshiganj, District Amethi.

VI) Case Crime No.68 of 1991, under Sections 363, 366, 368, 376 I.P.C., Police Station Munshiganj, District Amethi.

VII) Case Crime No.93 of 1991, under Sections 394, 504, 506 I.P.C., Police Station Munshiganj, District Amethi.

5. Learned counsel for the appellants submitted that the appellant no.2, namely, Vijay Pratap Singh @ Gallan Singh, who is the husband of the appellant no.1, namely, Sudha Singh has been implicated in the aforesaid cases due to enmity and the case under the Gangster Act was imposed upon him in the year 2022 whereas the property of the appellants which was attached vide order dated 23/27.04.2022 passed by the District Magistrate, Amethi 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 appellants further submitted that in furtherance of the FIR bearing Case Crime No.35 of 2022, under Section 2/3(1) of the Uttar Pradesh Gangster and Anti Social (Prevention of Activities) Act, 1986, Police Station Gauriganj, District Amethi, the District Magistrate, Amethi 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 23/27.04.2022.

7. Being aggrieved by the aforesaid attachment order dated 23/27.04.2022 passed by District Magistrate, Amethi, representation dated 02.05.2022 was preferred by the appellants before District Magistrate, Amethi seeking release of the appellants' property from attachment. However, the aforesaid representation was dismissed in a cursory manner by the District Magistrate, Amethi vide order dated 16.08.2022. While passing the order dated 16.08.2022, the District Magistrate, Amethi 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 19.10.2023 in exercise of its powers under Section 16 of the Gangster Act.

8. Learned counsel for the appellant further submitted that the District Magistrate, Amethi has wrongly and incorrectly att