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Allahabad HC : Gangster’s Properties Registered in Wife’s Name Can Be Seized under Gangsters Act

Judicial Ruling Upholds Attachment of Assets in Azamgarh Case.

By: Team Pardaphash  Pardaphash Group
Updated:
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Allahabad HC : Gangster’s Properties Registered in Wife’s Name Can Be Seized under Gangsters Act

In a significant ruling, the Allahabad High Court has affirmed that properties acquired by a gangster under the guise of his wife’s name are subject to attachment under the Gangsters Act. The verdict came in the backdrop of a criminal appeal filed by Meena Devi, challenging the May 4, 2023, order by a special judge endorsing the attachment of properties by the district magistrate, pertaining to her husband, alleged gangster Rajendra Yadav of Azamgarh.

Judicial Pronouncement

Justice Nalin Kumar Srivastava, presiding over the case, categorically stated, “This court is of the view that the properties which were attached were acquired by gangster Rajendra Yadav, husband of the appellant, in the name of his wife by way of commission of an offence triable under the Gangsters Act.”

The court emphasized that the district magistrate, Azamgarh, had ample grounds, supported by police reports, to justify the attachment of the properties. Additionally, the ruling underscored the failure of the appellant to sufficiently discharge the burden of proving that the properties were not acquired through offenses under the Gangsters Act.

Legal Proceedings and Arguments

During the proceedings, Meena Devi’s counsel contended that his client, neither a gangster nor involved in anti-social activities, was unjustly implicated. The counsel asserted that the appellant had no role in the alleged offenses and lacked the financial means to legitimately acquire the properties in question.

However, the court took note of the district magistrate’s decision, highlighting the rejection of the appellant’s plea and the confirmation of the attachment order. The district magistrate had determined that the properties were illegally acquired through the earnings of Meena Devi’s husband, leading to the referral of the case to the special judge.

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