The District Magistrate must record satisfaction and decide applications under Section 14 of the Act, and orders must be passed in accordance with the legal provisions.

JUDGMENT :

ALOK KUMAR VERMA, J.

This Criminal Writ Petition has been filed under Article 226 of the Constitution of India to issue a writ of certiorari to quash the impugned order dated 24.03.2021, passed by the District Magistrate, Dehradun, the respondent no.2; and, a writ of mandamus directing the respondent no.2 to attach the properties of the respondent nos.4 to 9 under the provisions contained in the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986.

2. Heard Mr. Sagar Kothari, the learned counsel appearing for the petitioners and Mr. T.C. Agarwal, the learned Deputy Advocate General appearing for the State.

3. Mr. Sagar Kothari, the learned counsel appearing for the petitioners, submitted that the respondent nos.4, 5 and 6 contacted the petitioners and other persons and offered a scheme. The petitioners deposited a huge amount of money under the said scheme. The respondent nos.4, 5 and 6 refused to return the money and jewellery, deposited by the petitioners, and, other persons. The learned counsel appearing for the petitioners submitted that three FIRs have been registered against the respondent nos.4, 5 and 6 under Sections 420, 406, 120B of the IPC and Section 3/4 of The Prize Chits and Money Circulation Schemes (Banning) Act, 1978. The learned counsel appearing for the petitioners further submitted that four complaint cases are also pending against the respondent no.5 under Section 138 of the Negotiable Instruments Act, 1881, and one case against the respondent no.6 is pending under Section 138 of the N.I. Act. The petitioners moved an application before the District Magistrate, Dehradun under Section 14 of the Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986 (in short, “the Act, 1986”). The District Magistrate did not take any action on the said application. Therefore, the petitioners approached to this High Court. The Co-ordinate Bench of this High Court directed the District Magistrate to decide the said application, filed under Section 14 of the Act, 1986, within a period of one month. The said application was not decided within the stipulated period. Therefore, the petitioners moved a contempt petition before this Court. During the pendency of the said contempt petition, the impugned order has been passed by the District Magistrate, Dehradun.

4. Mr. Sagar Kothari, the learned counsel appearing for the petitioners, submitted that the said application has not been decided in terms of Section 14 of the Act, 1986. He further argued that while deciding the said application, the District Magistrate, Dehradun observed that several criminal cases are pending before the concerned court, therefore, it will be appropriate that the application, filed under Section 14 of the Act, 1986, should be decided by the court itself. The learned counsel appearing for the petitioners argued that the said order is not passed as per law.

5. At this stage, it is necessary to refer to the provisions of Sections 14, 15, 16, 17 and 18 of the Act, 1986. Sections 14, 15, 16, 17 and 18 of the Act, 1986 read as follow:-

“14. Attachment of property. - (1) If the District Magistrate has reason to believe that any property, whether moveable or immovable, in possession of any person has been acquired by a gangster as a result of the commission of an offence triable under this Act, he may order attachment of such property whether or not cognizance of such offence has been taken by any Court.

(2) The provisions of the Code shall, mutatis mutandis apply to every such attachment.

(3) Notwithstanding the provisions of the Code the District Magistrate may appoint an Administrator of any property attached under sub-section (1) and the Administrator shall have all the powers to administer such property in the best interest thereof.

(4) The District Magistrate may provide police help to the Administrator for proper and effective administration of such property.

15. Release of property. - (1) Where any property is attach