SHANTI DEVI Vs. STATE OF U P

JUDGEMENT

(1.) M. K. Mittal, J. This appeal has been filed by Smt. Shanti Devi, wife of Sri Ram Deen, under Section 18 of U. P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 (hereinafter referred as Act) challenging the order dated 20-1-2006 passed by Special Judge, Gangsters Act, Kanpur Nagar, in Misc. Case No. 40/05, State v. Lala Mehtar @ Naresh, under Section 17 of the Act, P. S. Bithoor, District Kanpur Nagar, whereby her prayer for the release of the attached property has been refused.

(2.) THE brief facts of the case are that a report dated 19-10-2004 was submitted by the Station Officer Bithoor to Senior Superintendent of Police, Kanpur Nagar who forwarded the same to the District Magistrate, Kanpur Nagar. It was alleged in the report that Lala Mehtar @ Naresh, was a gangster and by committing dacoity, murders and other heinous crimes had amassed property and out of that purchased land and constructed house in the name of his mother Smt. Shanti Devi (appellant) in Kasba Bithoor, Lavkush Nagar, valued at about Rs. 5,60,000/. THE District Magistrate on the basis of the police report passed an order under Section 14 of the Act on 30-10-2004, whereby he attached the house in question and also directed for issuing notice same day under Section 15 of the Act for submission of explanation, if any, regarding the attachment of the house. In reply to the notice Smt. Shanti Devi, presented her representation and alleged that she was Safai Karmchari (Sweeper) in Central Bank of India, Bithoor, branch and that a wrong report was submitted in respect of her house, which was wrongly attached. She claimed that her salary was Rs. 7,126/- per month and her husband was also having a monthly income of Rs. 5,000/- from Riwaji work. She had purchased the plot measuring 99 squar yards on 31-10-2001 for Rs. 20,000/. Her name was also mutated in the Nagar Panchyat, Bithoor records, on the basis of the sale-deed on 20-2-2002 and she was paying the tax. She applied for loan of Rs. 3,00,000/- for construction of the house and it was given to her on 21st June, 2002 by her employer i. e. the Central Bank. She constructed the house out of that amount and is also paying the tax to Nagar Palika. THE house is her own earned property and his son was unemployed and had no source of income. Her another son was earning Rs. 3,000/- per month from Riwaji work and Lala Mehtar @ Naresh, was living in Akbarpur, District Kanpur Dehat, with his family and had no concern with her. He did not give any money to her neither she ever demanded from him.

(3.) IN support of her case the applicant examined herself and her son Lala Mehtar @ Naresh. The opposite party also examined Amar Singh and Shyam Sundar Das. The parties also filed their documentary evidence. On the basis of the evidence, the learned Judge concluded that the land was purchased at a lesser price due to terror of the gangster and out of the illegal earnings of Lala Mehtar @ Naresh. He further, held that the house was constructed from the loan money taken by her. It was also held that the gangster lived with the applicant. Consequently, the application 8c filed by Smt. Shanti Devi was rejected and the property in question was directed to be confiscated in favour of the State Government. Feeling aggrieved she has come up in this appeal.