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.

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 release the tractor Swaraj 744XT, Chassis No. MBNBU53AAMTH23411 Engine No. EZ2001SDH29920, which is registered as Registration No. U.P. 44BH8353 in favour of the petitioner.

4. Learned counsel for the petitioner submits a case bearing Case Crime No. 206 of 2016 under Section 2/3 (1) of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Chanda, District Sultanpur was lodged against the husband of the petitioner,namely, Ram Sagar and he was released on bail and since 2016 there is no case against the husband of the petitioner.

5. Learned counsel for the petitioner further submits that the petitioner has purchased a Tractor. The cost of which was Rs. 7,20,000/- out of which she has deposited cash money Rs. 3,70,000/- and for remaining amount she has taken loan from the Bank of Baroda, Branch Dostpur, District Sultanpur.

6. Learned counsel for the petitioner further submits that the vehicle of the petitioner was registered on 10.10.2022 from Transport Department, Sultanpur bearing Registration No. U.P. 44 BH 8353.

7. Learned counsel for the petitioner further submits that on 30/09/2022 District Magistrate Sultanpur-opposite party No.2 passed an order Under Section 14 (1) U.P. Gangster Act in Case No. 2886 of 2022 whereas he directed to confiscate the tractor Swaraj 744XT, Chechis No. MBNBU53AAMTH23411, Engine No. EZ2001SDH29920 which is registered as Registration No. U.P. 44BH8353 and purchased by the petitioner.

8. Learned counsel for the petitioner further submits that the petitioner on 15/10/2022 moved an Application Under Section 15 (1) U.P. Gangster Act for release of aforesaid tractor before the opposite party No.2.

9. Learned counsel for the petitioner further submits that the opposite party no. 2 vide order dated 24.12.2022 rejected the application moved by the petitioner without any reason and send the record before the learned Special Judge Gangster Act and proceed the case under according under section 16 of U.P. Gangster Act.

10. Learned counsel for the petitioner further submits that the being aggrieved by the order dated 24.12.2022 passed by the opposite party no. 2, the petitioner filed Crl. Misc. Writ Petition No. 1023 of 2023 Laxmi Yadav v. State of U.P. &others before this Hon'ble Court and this Hon'ble High Court vide order dated 06/02/2023 finally disposed of the petition with the direction to the District Magistrate to refer the claim of the petitioner under section 16 (2) of Gangster Act to the court concerned within a fortnight from today and further directed that the petitioner may also approach the court concerned by moving an appropriate application under Sub section (2) of section 16 of the Gangster Act.

11. Learned counsel for the petitioner further submits that in compliance of the order dated