RAM KUMAR DUBEY Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the appellants and learned A.G.A.

(2.) These two appeals have arisen out of one and the same order, therefore, they are being taken up together for disposal.

(3.) These appeals under Section 18 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 (here in after referred to as 'Act') are against the order dated 13.01.2005 passed by the Special Judge, Kanpur Nagar. The appellants have been implicated in the case under the Act and are lacing trial before the Special Sessions Judge. The District Magistrate concerned after investigation of the case, had affected attachment of the property belonging to the appellants under Section 14 of the Act; and the representations made by them against the said order had been rejected. The representation made had been referred to the Special Court under Section 16 and an inquiry is going on. Meanwhile, on further representations made through different applications by the appellants to release the property, it has been released by the court below through an interim order, which is the subject matter of challenge in this appeal. While passing the impugned order, the court below had directed that the property under attachment could be given in possession of to the respective appellants on fulfilling certain conditions till final disposal of the inquiry.