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.

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 during investigation of Case Crime No. 334 of 2021 under Section 2/3 of the Act, it was found that a factory ‘Vardhan & Ink Solvents Private Limited’ was established and operated by taking land on lease in Talanagri Sector 1 D-133 Industrial Area in the name of Vijendra Kapoor -appellant no.2 and a flat no. 301 on the third floor of Plot No. 19 in a multi story residential complex constructed in the name of Vaishno Tower Residential Complex, Vidhyanagar over field nos. 1247/2, 1248/2, 1249/2, 1234 and a part of land no. 1234 minjumla in the joint name of appellants was purchased with illegally earned money as gangster.

3. The District Magistrate, Aligarh relying upon the police report, above mentioned, based upon the criminal history of the appellant no.2 – Vijendra Kapoor, the husband of the appellant no.1, and the fact that in the said factory taken on lease by the appellant no.2, they have accumulated methyl alcohol in unlimited quantities and the said methyl alcohol was being used to make adulterated liquor and along with gang leader/liquor mafia Anil Chaudhary the appellant no.2 Vijendra Kapoor was involved in commission of the criminal acts and activities such as selling and distributing the said adulterated liquor in the whole district and submissions made therein that the aforesaid two properties had been acquired by the gangster Vijendra Kapoor, appellant no.2 as a result of the commission of an offence triable under this Act, passed the aforesaid order for attachment dated 15.9.2021 of both the properties under Section 14(1) of the Act.

4. Against the aforesaid attachment order, the appellants made a representation under Section 15(1) of the Act to the District Magistrate, Aligarh only against the flat acquired by them in their joint names, who dismissed the same and affirmed the order of attachment dated 15.9.2021. Simultaneously, he referred the matter to the Court of Special Judge, Gangster Act under Section 16(1) of the Act vide order dated 28.10.2021. The appellants approached the competent Court at Aligarh but the application was rejected by the Special Judge Gangster Act/Additional Sessions Judge, Court No. 4, Aligarh vide order dated 10.2.2023. Feeling aggrieved with the said order, this criminal appeal has been preferred by the appellants before this Court.

5. Heard Shri Anoop Trivedi, learned Senior Advocate assisted by Shri Devesh Kumar Shukla, learned counsel for the appellants, Shri Nitesh Kumar Srivastava, learned A.G.A. for the State and perused the record.

6. It is submitted by the learned Senior Counsel appearing for the appellants that the appellant no.2 Vijendra Kapoor has been falsely implicated in two criminal cases i.e. Case Crime No. 188 of 2021 under Sections 272, 273, 304, 420, 467, 468, 471, 120-B, 201/34 IPC and 60(A)