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NALIN KUMAR SRIVASTAVA
Vaishali Kapoor – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Nalin Kumar Srivastava, J.
1. In the present criminal appeal the judgment and order dated 10.2.2023 passed by Special Judge Gangster Act/Additional Sessions Judge, Court No. 4, Aligarh in Criminal Misc. Case No. 535 of 2021, which is a reference made to the Court under Section 16(1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 (hereinafter referred to as "the Act") whereby the orders of the District Magistrate, Aligarh dated 15.9.2021 for attachment of a flat in the joint name of the appellants under Section 14 of the Act as well as order dated 28.10.2021 dismissing the objection moved by the appellants have been affirmed, has been questioned.
2. The facts of the case, in nutshell, are that the District Magistrate, Aligarh passed an order dated 15.9.2021 under Section 14(1) of the Act for attachment of the properties (i) firm ‘Vardhan & Ink Solvents Private Limited’ in the name of appellant no.2, and (ii) a flat in the joint names of the appellants on the basis of report of in-charge Inspector, Police Station Gandhi Park, District Aligarh dated 22.8.2021, submitted through Senior Superintendent of Police, Aligarh. It was mentioned in the report that d
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 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 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 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 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 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 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 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....
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