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IN THE HIGH COURT OF ALLAHABAD
SHAMIM AHMED, J.
Babu Khan – Appellant
Versus
State of Uttar Pradesh – Respondent
Criminal Appeal No. 1203 of 2023
Decided On : 03-07-2024
GANGSTER ACT - PROPERTY ATTACHMENT - Uttar Pradesh Gangster and Anti Social Activities (Prevention) Act, 1986, Sections 14, 15, 16, 17 - The court discussed the provisions of the Uttar Pradesh Gangster Act, particularly Sections 14, 15, 16, and 17, which govern the attachment of property believed to be acquired through criminal activities. The court emphasized that the District Magistrate must have a reasonable belief that the property was acquired through offenses under the Act. The court found that the attachment orders were made without sufficient evidence to support the claim that the appellant's properties were acquired through illegal means, leading to the conclusion that the orders were arbitrary and lacked legal basis.
Fact of the Case:
Babu Khan, the appellant, challenged the attachment of his properties under the Uttar Pradesh Gangster and Anti Social Activities (Prevention) Act, 1986, claiming they were acquired through legitimate means and not from criminal activities. The District Magistrate had ordered the attachment based on police reports alleging that the appellant was part of a gang involved in anti-social activities.
Finding of the Court:
The court found that the District Magistrate failed to provide adequate reasons for believing that the properties were acquired through criminal activities. The court noted that the appellant had a history of legitimate income and that the properties were acquired before the imposition of the Gangster Act against him. The court criticized the lower courts for not properly analyzing the evidence presented by the appellant.
Issues: Whether the properties attached under the Gangster Act were acquired through criminal activities as defined by the Act, and whether the District Magistrate had sufficient grounds to believe so.
Ratio Decidendi: The court held that the attachment of property under Section 14 of the Gangster Act requires a clear demonstration that the property was acquired through criminal activities. The burden of proof lies with the state to establish that the property was obtained as a result of offenses under the Act. The court emphasized the need for a thorough inquiry and proper application of the law before such drastic measures as property attachment are taken.
Final Decision: The appeal was allowed, and the attachment orders dated 08.06.2022 and 27.06.2022, as well as the subsequent order from the Additional Sessions Judge, were quashed. The District Magistrate was directed to release the attached properties back to the appellant.
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 application) and order dated 27.06.2022 (Annexure-5 to the application) passed in Case No. 1349 of 2022 under Section 14(1) of the Uttar Pradesh Gangsters and Anti Social Activities (prevention) Act, 1986, passed by the District Magistrate, Lakhimpur Kheri, whereby the District Magistrate attached the following property of the appellant including a house situated at Town Mohammadi, with the finding that the appellant has purchased the property-movable and immovable-from the income earned by involving in anti-social activities:
4. In short, the facts of the case are that in case No. 1158 of 2022, action was started on report of the Inspector In-charge, Police Station Mohammadi, dated 01-06-2022, which was approved by the Circle Officer, Mohammadi, on 01-06-2022; by the Addl. Superintendent of Police on 04-06-2022 and was sent by the Superintendent of Police alongwith his recommendation on 06.06.2022. It was mentioned in the police report that Babu Khan S/o Irshad Khan, resident of village Barainchi, P.S. Pasgwan, District Kheri (appellant herein), who is an accused in FIR No. 243/2022 Section-2B/3, Uttar Pradesh Gangster and Anti-Social Activities (Prevention) Act 1986, P.S. Pasgwan, has the criminal history as follows:
2. Case Crime No. 445/18 Section 447, IPC and 2/3, Prevention of Damage to Public Property, Police Station Pasgwan, District Kheri.
3. Case Crime No. 214/22, Section-385/447/504/506 IPC, Police Station Pasagwan, District Kheri.
4. Case Crime No. 215/22, Section-147/452/504/506 IPC, Police Station Pasagwan, District Kheri.
5. Case Crime No. 219/22 Section 447 IPC and 2/3, Prevention of Damage to Public Property, Police Station Pasgwan, District Kheri.
6. Case Crime No. 226/22 Section-447 IPC 7-Case Crime No. 243/22 Section-2B/3, UP Gangesters and Anti-Social Activities (Prevention) Act, Police Station Pasgwan, District Kheri.
5. It was mentioned in the police report/records that Mehboob Khan son of Shamshad Khan, resident of village Barainchi, Majra Sisaura Nasir, police station Pasgwan, district Kheri (gang leader), whose members are Babu Khan S/o Irshad Khan (Appellant), Dilshad Khan S/o Shamshad Khan, Sarwar Khan S/o Irshad Khan, Tufail Khan S/o Shamshad Khan, Munna Khan S/o Shamshad Khan, Ejaz Khan S/o Shamshad Khan, Shabban Khan S/o Irshad Khan and Shabbir S/o Irshad Khan, residents of village Barainchi, Majra Sisaura Nasir, police station Pasgwan, District Kheri, is an organized gang. The accused, along with gang leader Mahboob Khan and his associates, have committed crimes under Chapters 16, 17 and 22 of the Indian Penal Code to obtain financial, material and infrastructural benefits for their associates. Accused Babu Khan along with his
AI
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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