NABI SARVAR Vs. STATE OF U.P.

JUDGEMENT

(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 Sec. 18 of Uttar Pradesh Gangster and Anti-Social Activities (Prevention) Rules, 2021 against the order dtd. 23/9/2020 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.

(3.) Learned counsel for the appellant has submitted that being aggrieved by the aforesaid attachment order dtd. 23/9/2020, the appellant preferred representation dtd. 3/2/2021 before the District Magistrate, Ambedkar Nagar, under Sec. 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 Sec. 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 dtd. 15/3/2021 and referred the case to the court of learned Special Judge, Gangsters Act, Ambedkar Nagar under Sec. 16 (1) of the Gangster Act; and, the learned Gangsters Court vide order dtd. 18/10/2022 confirmed the order dtd. 15/3/2021 passed by the District Magistrate, Ambedkar Nagar.