BRAHM SHANKER Vs. STATE OF U P

JUDGEMENT

(1.) THE appellant, by way of this appeal, has challenged the order dated 4.4.2014, passed by the Special Judge, Gangsters Act, Unnao, whereby the application for release of the house has been rejected.

(2.) THE brief facts giving rise to this appeal are that on the basis of police report dated 3.1.2011, the District Magistrate, Unnao passed an order on 22.7.2011, whereby the house of the appellant was attached under Section 14(1) of the U.P. Gangsters act. The District Magistrate also gave an opportunity to the appellant to file an objection if he so desires within 90 days of the order.

(3.) IT appears that the appellant filed a detailed objection before the District Magistrate stating therein that he constructed the house in the year 2003 out of the funds arranged by him by taking loan from the Bank and by selling out his ancestral land and also by the financial support of his adult sons. It was further stated by him that when the house was constructed in the year 2003, no case under Gangsters act was pending against him. It was also stated by him that he was posted as Survey Lekhpal, when he purchased the plot after taking permission from his employer as required under the rules. The plot was purchased in the year 2003. When he took loan of Rs. 1,80,000/ - from ICICI Bank, Kanpur, Rs. 85,000/ - from the State Bank of India, Rs. 2,00,000/ - from Federal Bank, Kanpur and Rs. 2,70,000/ - from the Bank of Baroda. Apart from this, he also took advance of Rs. 2,00,000/ - from his G.P.F. Account. It was further stated by him that for the period from 1998 to 2009, he received more than 7,00,000/ - as his salary, and his ancestral property was sold for the sum of Rs. 2,94,000/ -. However, the learned District Magistrate disbelieved the statement of the appellant and rejected his objection on the ground that the appellant was not in a position to pay even monthly instalment of all the loans taken by him, which indicate that he had some other income also and that income was obviously through illegal sources.