Allahabad Lucknow Court November 2013 Judgments

Bindu Kumar Agarwal and Others Vs. State of U.P. and Others

Court: Allahabad Lucknow

Under challenge in this petition, is an order dated 14.5.2013, whereby the District Magistrate/Collector, Faizabad has issued a direction for attachment of certain properties alleged to have been acquired by the petitioners by commission of offences under Section 14(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 (hereinafter referred to as the Act). Learned counsel for the petitioners has vehemently argued that before passing the order under Section 14(1) of the Act for attachment of properties, it was incumbent upon the District Magistrate to have recorded his reasons for being satisfied that the property intended to be attached was acquired as a result of offences triable under the Act. He has also argued that the only material considered by the District Magistrate to record such a satisfaction in the impugned order are the report dated 13.5.13 submitted by the Senior Superintendent of Police, Faizabad and the report of the investigating officer dated 29.4.201...