JUDGMENT :

Nalin Kumar Srivastava, J.

1. In the present criminal appeal the judgment and order dated 9.8.2023 passed by Special Judge (SC/ST Act)/Gangster Act, Sonebhadra in Criminal Misc. Case No. 245 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 order of the District Magistrate, Sonebhadra dated 31.8.2021 dismissing the objection moved by the appellant has been affirmed, has been questioned.

2. The facts of the case, in brief, are that the District Magistrate, Sonebhadra passed an order under Section 14 (1) of the GANGSTERS ACT attaching the vehicles of the appellant on the basis of report of in-charge Inspector, Police Station Shahganj, District Sonbhadra dated 16.12.2020, submitted through Superintendent of Police, Sonebhadra. It was mentioned in the report that During investigation of Case Crime No. 19 of 2019 under Section 3 (1) of the Act, it was found that appellant owned vehicle ‘Bolero’ and a ‘Tractor’ which were purchased with illegally earned money by his father Rajendra Patel as gangster.

3. The District Magistrate, Sonebhadra relyi