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NALIN KUMAR SRIVASTAVA
Meena Devi – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
NALIN KUMAR SRIVASTAVA, J.
1. In the present criminal appeal the judgment and order dated 4.5.2023 passed by Additional Sessions Judge/Special Judge Gangster Act, Court No. 4, Azamgarh in Criminal Misc. Case No. 04 of 2023, which is a reference made to the Court under Section 16(1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 (hereinafter referred to as “the Act”) whereby the orders of the District Magistrate, Azamgarh dated 11.8.2022 for attachment of the landed properties of appellant under Section 14 of the Act as well as order dated 28.12.2022 dismissing the objection moved by the appellant have been affirmed, has been questioned.
2. The facts of the case, in brief, are that the District Magistrate, Azamgarh passed an order dated 11.8.2022 under Section 14(1) of the Act for attachment of two landed properties of the appellant on the basis of report of in-charge Inspector, Police Station Jiyanpur, District Azamgarh dated 23.7.2022, submitted through Senior Superintendent of Police, Azamgarh. It was mentioned in the report that during investigation of Case Crime No. 467 of 2013 under Section 3(1) of the Act, it was found that Rajendra Yadav, the hus
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 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 property attachment under the Gangster Act requires sufficient reason to believe that the property was acquired through gangster activities, and a formal inqu....
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 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.
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 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 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....
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