J.J.MUNIR,J. - (1.) Heard Sri. Ram Datt Dauholia, learned counsel for the revisionist at length and Sri. Kamal Singh Yadav, learned AGA alongwith Sri. Mayank Awasthi appearing for the State.
(2.) This revision has been filed to challenge an order dated 17.01.2018 passed by the District Magistrate, Lalitpur in Case No. D201706450747 (State v. Hardev Singh) , under Section 14(1) Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 (hereinafter referred to as the 'Act'), PS Kotwali Lalitpur, District Lalitpur ordering the property of the revisionist to be attached and making a reference under Section 16(1) of the Act to the court.
(3.) It may be pointed out that upon attachment of the property under Section 14(1) of the Act the revisionist submitted a representation against the same on 23.10.2017 exercising his right under Section 15(1) of the Act which the District Magistrate dealt with under Sections 15 and 16(1) of the Act and refused to release. Thereafter in accordance with law under Section 16(1) of the Act a reference has been made to the court, that is to say, the Special Judge, Gangster Act by means of the order impugned dated 17.01.2018. In this connection it is necessary to refer to the provisions of Sections 14, 15, 16, 17 and 18 of the Act which are quoted below: "14. Attachment of property.-(1) If the District Magistrate has reason to believe that any property, whether moveable or immovable, in possession of any person has been acquired by a gangster as a result of the commission of an offence triable under this Act, he may order attachment of such property whether cognizance of such offence has been taken by any Court. (2) The provisions of the Code shall, mutatis mutandis apply to every such attachment. (3) Notwithstanding the provisions of the Code the District Magistrate may appoint an Administrator of any property attached under subsection (1) and the Administrator shall have all the powers to administer such property in the best interest thereof. (4) The District Magistrate may provide police help to the Administrator for proper and effective administration of such property. 15. Release of property.-(1) Where any property is attached under Section 14, the claimant thereof may within three months from the date of knowledge of such attachment make a representation to the District Magistrate showing the circumstances in and the sources by which such property was acquired by him. (2) If the District Magistrate is satisfied about the genuineness of the claim made under sub-section (1) he shall forthwith release the property from attachment and thereupon such property shall be made over to the claimant. 16. Inquiry into the character of acquisition of property by Court.-(1) Where no representation is made within the period specified in sub-section (1) of Section 15 or the District Magistrate does release the property under sub-section (2) of Section 15 he shall refer the matter with his report to the Court having jurisdiction to try an offence under this Act. (2) Where the District Magistrate has refused to attach any property under sub-section (1) of Section 14 or has ordered for release of any property under sub-section (2) of Section 15, the State Government or any person aggrieved by such refusal or release may make an application to the Court referred to in sub-section (1) for inquiry as to whether the property was acquired by or as a result of the commission of an offence triable under this Act. Such Court may, if it considers necessary or expedient in the interest of justice so to do, order attachment of such property. (3)(a) On receipt of the reference under sub-section (1) or an application under sub-section (2), the Court shall fix a date for inquiry and give notices thereof to the person making the application under sub-section (2) or, as the case may be, to the person making the representation under Section 15 and to the State Government, and also to any other person whose interest appears to be involved in the case. (b) On the date so fixed or any subsequent date to which the inquiry may be adjourned, the Court shall hear the parties, receive evidence produced by them, take such further evidence as it considers necessary, decide whether the property was acquired by a gangster as a result of the commission of an offence triable under this Act and shall pass such order under Section 17 as may be just and necessary in the circumstances of the case. (4) For the purpose of inquiry under sub-section (3) the Court, shall have the power of a Civil Court while trying a suit under the Code of Civil Procedure, 1908 (Act No. 5 of 1908), in respect of the following matters, namely:- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of documents; (c) receiving evidence on affidavits; (d) requisitioning any public record or copy thereof from any Court or office; (e) issuing commission for examination of witness or documents; (f) dismissing a reference for default or deciding it ex parte (g) setting aside an order of dismissal for default or ex parte decision. (5) In any proceedings under this section, the burden of proving that the property in question or any part thereof was acquired by a gangster as a result of the commission of any offence triable under this Act, shall be on the person claiming the property, anything to the contrary contained in the Indian Evidence Act, 1872 (Act No. 1 of 1872), notwithstanding. 17. ORDER after inquiry.-If upon such inquiry the Court finds that the property was acquired by a gangster as a result of the commission of any offence triable under this Act it shall order for release of the property of the person from whose possession it was attached. In any other case the Court may make such order as it thinks fit for the disposal of the property by attachment, confiscation or delivery to any person entitled to the possession thereof, or otherwise. 18. Appeal.-The provisions of Chapter XXIX of the Code shall, mutatis mutandis, apply to an appeal against any judgment on order of a Court passed under the provisions of this Act.";