The Allahabad High Court has made a ruling that properties acquired by gangsters in the names of their spouses can be attached under the Gangsters Act. This decision came to light while dismissing a criminal appeal by Meena Devi, who is the wife of the alleged gangster Rajendra Yadav from Azamgarh.
The Allahabad High Court has made a significant ruling that properties acquired by gangsters in the names of their spouses can be attached under the Gangsters Act. This decision came to light while dismissing a criminal appeal by Meena Devi, who is the wife of the alleged gangster Rajendra Yadav from Azamgarh. She challenged the order dated May 4, 2023, by a special judge under the Gangsters Act, which upheld a property attachment order issued by the district magistrate.
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Justice Nalin Kumar Srivastava, presiding over the case, made a pivotal statement,
“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 offence triable under the Gangsters Act.”
This assertion underscores the court’s stance on the misuse of assets acquired through illicit means and the legal consequences thereof.
The court’s findings were based on substantial evidence presented during the trial.
“It also appears that relevant materials were supplied to the district magistrate, Azamgarh to have reason to believe that the properties in question were acquired by gangster Rajendra Yadav, the husband of the present appellant, as a result of the commission of any offence triable under this Act and the burden upon the claimant to prove that the properties were not acquired… as a result of the commission of any offence under the Act has not been discharged sufficiently,”
Justice Srivastava elaborated.
The judgment sheds light on the due diligence process undertaken by the authorities. From the records, it was evident that the district magistrate had substantial materials supporting the police report, which indicated that the appellant did not possess adequate income to acquire the said properties legitimately.
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During the legal proceedings, the defense for Meena Devi argued, stating,
“the appellant is neither a gangster nor has she earned the aforesaid properties on account of her involvement in any anti-social activities.”
Despite these claims, the Azamgarh district magistrate dismissed the appellant’s plea, confirming the order of attachment. The magistrate concluded that the properties were procured through funds obtained illegally by her husband, leading to the referral of the case to the special judge.
This ruling by the Allahabad High Court marks a crucial step in the battle against organized crime, emphasizing that the law will not tolerate the exploitation of legal loopholes to retain assets amassed through criminal activities. It sends a strong message to individuals involved in such activities that the legal system is equipped and willing to take stringent actions to dismantle the financial foundations of organized crime networks.
The decision also highlights the importance of thorough investigations and the role of judicial oversight in ensuring that justice is served, maintaining the integrity of legal and societal structures against the influences of organized crime. This case sets a precedent for future legal actions against similar instances of illegal property acquisitions, reinforcing the commitment of the Indian judiciary to uphold the rule of law and protect the societal fabric from the taint of gangsterism.
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