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SHAMIM AHMED
Nabi Sarvar – Appellant
Versus
State of U. P. , Through The Principal Secretary Home, Civil Secretary, Lucknow – Respondent
JUDGMENT :
1. Heard Shri Farooq Ayoob, the learned counsel for the appellant and Shri Ashok Kumar Srivastava, learned A.G.A. for the State and perused the record.
2. The instant Criminal Appeal has been filed under Section 18 of Uttar Pradesh Gangster and Anti-Social Activities (Prevention) Rules, 2021 against the order dated 23.09.2020 passed by the District Magistrate, Ambedkar Nagar, whereby the District Magistrate, Ambedkar Nagar attached the Vehicle No. U.P. 45 D 5797 Truck, U.P. 45 T 2245 Truck, UP 45 T 1738 Truck and UP 45Q0287 Scorpio with the finding that the appellant has purchased the aforesaid vehicles from the income earned by involving in anti social activities and he has no source of income.
The appellant has also prayed for quashing of the order dated 15.03.2021 passed by the Court of District Magistrate, Ambedkar Nagar in Criminal Misc Case No. 648 of 2020, arising out of F.I.R./Case Crime No. 393 of 2020, under Section 3 (1) U.P. Gangster Act, 1986, Police Station Akbarpur, District Ambedkar Nagar and order dated 18.10.2022 passed by the Court of Special Judge, Gangster Act Ambedkar Nagar in Misc. Case No. 153/2021 CNR No. UPAN0100116872021: State of U.P. Vs. Nabi Sa
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 property attachment under the Gangster Act requires sufficient reason to believe that the property was acquired through gangster activities, and a formal inqu....
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 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 main legal point established in the judgment is the requirement of 'reason to believe' for property attachment under Section 14 of the Act, the burden of proof on the State, and the need for a ra....
The court clarified that mere familial association with a gangster is insufficient for property attachment; there must exist a proven nexus between criminal acts and property acquisition under the re....
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.
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