- (1.) The petitioner who is a member of the scheduled caste, has come up before this Court questioning the order of the District Magistrate, Kaushambi dated 18.12.2014 arising out of proceedings of attachment and refusal to release a truck that had been seized invoking the provisions of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986. The background in which this seizure was made is to the effect that the petitioner was implicated in three other criminal cases, namely, Case Crime No.117 of 2012 under Section 379 IPC r/w Section 136 of the Indian Electricity Act, Case Crime No.140 of 2012 under Section 379 IPC r/w Section 136 of the Indian Electricity Act and the third case being Case Crime No.146 of 2012 under Sections 399/401 IPC.
(2.) It appears from the record that the truck in question bearing registration no. U.P 70 N 9212 is registered in the name of the petitioner and the same came to be seized in the aforesaid criminal cases. Learned counsel for the petitioner submits that the petitioner has been bailed out in the said criminal cases, but on the strength of the same cases the petitioner has been booked under Section 2/3 of the 1986 Act, where also he has been bailed out on 14.8.2013 by the competent court.
(3.) The truck was seized in Case Crime No.146 of 2012. A release application was filed where it was noticed that the said truck was also subject matter of seizure in Case Crime Nos.140 of 2012 and 117 of 2012 as noted above. The truck had already been released in the said cases on 15.5.2013. Consequently, a release order was also passed on 22.1.2014 in relation to Case Crime No.146 of 2012. The said orders have been filed on record.;