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SHAMIM AHMED
Babu Khan – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT :
SHAMIM AHMED, J.
1. Pleadings in the case have been exchanged between the parties.
2. Heard Sri Satendra Nath Rai, learned counsel for the appellant as well as Dr. V.K. Singh, learned Government Advocate alongwith Sri Ashok Kumar Singh, learned A.G.A.-1 for the State and perused the material available on record.
3. The present appeal under Section 18 of Uttar Pradesh Gangster and Anti Social (Prevention of Activities) Act, 1986 (hereinafter referred to as the 'Gangster Act') has been preferred by the appellant, namely, Babu Khan, with a prayer to set aside the judgment and order dated 03.03.2023 passed by the learned Addl. Sessions Judge/Special Judge (Gangster Act), Court No. 13, Lakhimpur Kheri, in Criminal Misc. Case Nos. 210 of 2022 and 218 of 2022, titled Babu Khan v. State of U.P., under section 16 of the Uttar Pradesh Gangsters and Anti Social Activities (prevention) Act, 1986, Case Crime No. 0243 of 2022, under section 2/3 of the Uttar Pradesh Gangsters and Anti Social Activities (prevention) Act, 1986, P.S. Pasgawan, District Lakhimpur Kheri. It has further been prayed that the attachment-order dated 08.06.2022 passed in Case No. 1158 of 2022 (Annexure-4 to the appl
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 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.
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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