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SHAMIM AHMED
Laxmi Yadav @ Laxmi Yadav – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Shamim Ahmed, J.
Pleadings in the case have been exchanged between the parties.
2. Heard Sri. Ravindra Shukla, learned counsel for the petitioner as well as Ms. Ankita Tripathi, learned A.G.A. for the State.
3. This petition under Article 227 of the Constitution of India has been filed with a prayer for quashing of the judgment and order dated 16.12.2023 passed by the Court of Additional District and Session Judge/F.T.C. Ist Special Judge Gangster Act, Sultanpur in Misc. Gangster Case No. 11/2023:State of U.P. v. Ram Sagar Yadav, under Section 16 (1) of the U.P.Gangsters and Anti Social Activities (Prevention) Act, 1986 and order dated 24.12.2022 passed by District Magistrate Sultanpur, District Sultanpur in Case No. 3081 of 2022 Computerized Case No. D202204680003081 State of U.P. v. Ram Sagar Yadav Police Station Chanda, District Sultanpur as well as order dated 30.09.2022 passed by District Magistrate Sultanpur, District Sultanpur in Case No.2886 of 2022 Computerized Case No. D202204680002886: State of U.P. v. Ram Sagar Yadav Police Station Chanda, District Sultanpur against the petitioner and with a prayer to direct the opposite parties, namely, opposite party No.3 to re
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 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 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 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 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 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.
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