Neutral Citation No. - 2024:AHC-LKO:17389 Reserved on 25.01.2024 Delivered on 27.02.2024 A.F.R.

Court No. - 16 Case :- CRIMINAL APPEAL No. - 3200 of 2022 Appellant :- Nabi Sarvar Respondent :- State Of U.P. Through The Principal Secretary Home, Civil Secretary, Lucknow And Anr.

Counsel for Appellant :- Farooq Ayoob Counsel for Respondent :- G.A.

Hon'ble Shamim Ahmed,J.

1. Heard Shri Farooq Ayoob, the learned counsel for the appellant and Shri Ashok Kumar Srivastava, learned A.G.A. for the State and perused the record.

2. The instant Criminal Appeal has been filed under Section 18 of Uttar Pradesh Gangster and Anti-Social Activities (Prevention) Rules, 2021 against the order dated 23.09.2020 passed by the District Magistrate, Ambedkar Nagar, whereby the District Magistrate, Ambedkar Nagar attached the Vehile No. U.P. 45 D 5797 Truck, U.P. 45 T 2245 Truck, UP 45 T 1738 Truck and UP 45Q0287 Scorpio with the finding that the appellant has purchased the aforesaid vehicles from the income earned by involving in anti social activities and he has no source of income.

The appellant has also prayed for quashing of the order dated

15.03.2021 passed by the Court of District Magistrate, Ambedkar Nagar in Criminal Misc Case No. 648 of 2020, arising out of F.I.R./Case Crime No. 393 of 2020, under Section 3 (1) U.P. Gangster Act, 1986, Police Station Akbarpur, District Ambedkar Nagar and order dated 18.10.2022 passed by the Court of Special Judge, Gangster Act Ambedkar Nagar in Misc. Case No. 153/2021 CNR No. UPAN0100116872021: State of U.P. Vs. Nabi Sarvar, whereby the learned trial court has rejected the application under Section 16 (1) of Gangster Act, 1986 and confirmed the order dated 15.03.2021 passed by the District Magistrate,Ambedkar Nagar.

3. Learned counsel for the appellant has submitted that being aggrieved by the aforesaid attachment order dated 23.09.2020, the appellant preferred representation dated 03.02.2021 before the District Magistrate, Ambedkar Nagar, under Section 14 (1) of the Gangster Act seeking release of the appellant's properties from attachment, alleging therein that neither there is any Gang nor the applicant is a member of any Gang. Only one Case Crime No. 01/18 under Section 3/5A/8 of Cow Slaughter Prevention Act police Station Bewana is registered against the appellant, apart from this, neither any case is pending or disposed of against the applicant. The appellant has further stated in his representation that Vehicle number UP 45-5797 was purchased twelve years ago, firstly from Tata Company then thereafter from Sriram Company by depositing margin money; Vehicle number UP 45T 2245 was purchased in the year 2012 and is currently financed by Shriram Finance; Vehicle No. UP 45T 1738 truck was purchased in the year 2012 by depositing margin money and getting it financed; Vehicle No. UP 45 Q 0287 Scorpio is financed by Mahindra Company. However, the aforesaid representation was dismissed in a cursory manner by the District Magistrate, Ambedkar Nagar vide order dated 15.03.2021 and referred the case to the court of learned Special Judge, Gangsters Act, Ambedkar Nagar under Section 16 (1) of the Gangster Act; and, the learned Gangsters Court vide order dated 18.10.2022 confirmed the order dated 15.03.2021 passed by the District Magistrate,Ambedkar Nagar.

4. Learned counsel for the appellant further submitted that the District Magistrate, Ambedkar Nagar has wrongly and incorrectly attached the aforesaid vehicle on the wrong presumption that the said properties have been acquired from the income earned by the appellant by involving in anti social activities, whereas the appellant is neither Gangster nor he has earned these properties from involving in anti social activities.

5. Clarifying the position, it has been urged by the learned counsel for the appellant that as a matter of fact the appellant and his family member who was doing farming since long time and milk distribution as well as fisheries pond was also running and