- (1.) Heard Mr. D.S. Mishra, learned counsel for the appellant Smt. Afzal Begum @ Akhtari and learned AGA for the State and perused the record.
(2.) By this appeal under Section 18 of the U.P. Gangsters and Anti Social Activities (Prevention) Act (hereinafter referred to as the Act) read with Sections 374(2) and 389 of the Code of Criminal Procedure Code (hereinafter referred to as 'the Code'), the appellant Smt. Afzal Begum @ Akhtari has impugned the judgment and order dated 3.6.2008 rendered by Sri Shiv Prasad, the then Special Judge (Gangster Act), Varanasi in Criminal Reference Case No. 2 of 2006, State v. Smt. Afzal Begum @ Akhtari, whereby the learned Special Judge has confiscated the attached properties of the appellant in favour of the State of Uttar Pradesh and rejected her prayer for quashing the attachment made by the District Magistrate Varanasi under Section 14 of the Act.
(3.) The relevant facts necessary for the decision of this appeal are that the appellant was accused under Section 3(1) of the Act vide the crime No. 281 of 2005, police station Maduadeeh, district Varanasi. That case was registered on the basis of her criminal antecedents of the case crime No. 274/2005, under Sections 3/ 5/6/9 of The Immortal Traffic (Prevention) Act read with Sections 323/504/506 Indian Penal Code, police station Maduadeeh, district Varanasi. It is also alleged that the appellant's husband Late Rahmat Khan was also a gangster within the meaning of the aforesaid Act and he had following cases against him: (1) Case crime No. 159/2005, under Sections 3/5/6/9/14/15/17 of the Immortal Traffic (Prevention) Act, police station Maduadeeh, district Varanasi, (2) Case crime No. 105/1997, under Sections 3/5/7/8 of the Immortal Traffic (Prevention) Act, police station Maduadeeh, district Varanasi, (3) Case crime No. 166/1997, under Sections 323/504/506 IPC, police station Maduadeeh, district Varanasi, (4) Case crime No. 186/1997, under Sections 286/326 IPC, police station Maduadeeh, district Varanasi, (5) Case crime No. 147/1998, under Sections 294 IPC, police station Maduadeeh, district Varanasi, (6) Case crime No. 331/1998, under Sections 323/504/506 IPC, police station Maduadeeh, district Varanasi., (7) Case crime No. 21/1999, under Sections 504/506 IPC, police station Maduadeeh, district Varanasi, (8) Case crime No. 27/1999, under Sections 332/504 IPC, police station Maduadeeh, district Varanasi, (9) Case crime No. 37/2000, under Sections 323/504/506 IPC, police station Maduadeeh, district Varanasi, (10) Case crime No. 54/2000, under Sections 232/504 IPC, police station Maduadeeh, district Varanasi, (11) Case crime No. 74/2000 (NCR), under Sections 232/504 IPC, police station Maduadeeh, district Varanasi, (12) Case crime No. 132/2000, under Sections 323/504/506 IPC, police station Maduadeeh, district Varanasi, (13) Case crime No. 163/2000, under Sections 3/4 U.P. Control of Goondas Act, police station Maduadeeh, district Varanasi, (14) Case crime No. 79/2001, under Section 294 IPC, police station Dashashwamedh, district Varanasi, (15) Case crime No. 279/2002, under Sections 3/4 U.P. Control of Goondas Act, police station Maduadeeh, district Varanasi, (16) Case crime No. 4/2003(NCR), under Sections 323/504 IPC, police station Maduadeeh, district Varanasi, (17) Case crime No. 89/2003, under Section 110 Cr.P.C, police station Maduadeeh, district Varanasi, (18) Case crime No. 438/2003, under Sections 3(1) of the U.P. Gangsters and Anti Social Activities (Prevention) Act, police station Maduadeeh, district Varanasi, (19) Case crime No. 270/2005, under Section 3(1) of the U.P. Gangsters and Anti Social Activities (Prevention) Act, police station Maduadeeh, district Varanasi, (20) Case crime No. 159/2005, under the Immoral Traffic (Prevention) Act, police station Bhelupur, district Varanasi, (21) Case crime No. 274/2005, under the Immortal Traffic (Prevention) Act, police station Maduadeeh, district Varanasi, (22) Case crime No. 300/2005, under Sections 3/5/6/9/14/15 of The Immortal Traffic (Prevention) Act, police station Maduadeeh, district Varanasi, (23) Crime No. 305/2005, under Section 307 Indian Penal Code, police station Maduadeeh, district Varanasi, (24) Crime No. 306/2005 under Section 25 Arms Act, police station Maduadeeh, district Varanasi.;