(1.) This criminal appeal has been filed against the judgment and order dtd. 19/12/2000 passed by Additional Sessions Judge, Gangster Act, Court No. 5, Bijnor in Misc. Application No. 278 of 2020 (Abrar Vs. State of U.P.) which is as reference made to the court under Sec. 16 of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 (hereinafter referred to as "Act") whereby the order of the District Magistrate, Bijnor dtd. 19/10/2020 attaching the house of appellant under Sec. 14 of the Act dtd. 2/9/2020 as well as order dtd. 19/10/2020 dismissed the objection moved by the appellant have been affirmed.
(2.) The facts of the case in brief are that the District Magistrate, Bijnor have passed an order under Sec. 14(1) of the Act attaching the house of the appellant on the basis of report of in-charge Inspector, Police Station Mandawar, District Bijnor dtd. 7/7/2020, submitted through S.S.P., Bijnor. It was mentioned in the report that During investigation of Case Crime No. 232 of 2020 under Sec. 2/3 of the Act, it was found that appellant owned one house measuring 90 m2 amounting to cost for Rs.10,00,000.00 (ten lacs) which was constructed with illegally earned money as gangster.
(3.) Against the aforesaid attachment order, the appellant had filed objection on 14/9/2020. The District Magistrate, Bijnor dismissed the objection of the appellant and affirmed the order of attachment dtd. 2/9/2020. Simultaneously, he made reference to the court of Additional Sessions Judge, Gangster Act under Sec. 16 of the Act.