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NALIN KUMAR SRIVASTAVA
Vikram Singh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. In the present criminal appeal the judgment and order dated 5.11.2022 passed by Special Judge Gangster Act/Additional Sessions Judge, Court No. 4, Aligarh in Criminal Misc. Case No. 330 of 2022, which is a reference made to the court under Section 15(1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 (hereinafter referred to as "Act") whereby the orders of the District Magistrate, Aligarh dated 13.8.2021 seizing/attaching the vehicle of appellant under Section 14 of the Act as well as order dated 23.5.2022 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, Aligarh passed an order under Section 14(1) of the Act seizing/attaching the vehicle of the appellant on the basis of report of in-charge Inspector, Police Station Pisawa, District Aligarh dated 29.7.2021, submitted through S.S.P., Aligarh. It was mentioned in the report that during investigation of Case Crime No. 88 of 2021 under Section 2/3 of the Act, it was found that appellant owned a vehicle Scorpio bearing registration no. UP 81-BL2333 which was purchased with illegally earned money a
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 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 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 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 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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