Writ petition regarding Section 14 of the Gangster Act, 1986 dismissed as the contended order of confiscation was withdraw by the authorities upon an undertaking to proceed strictly in accordance with law.
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Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 3710 of 2022
Petitioner :- Pankaj Pandey Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajay Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Ashwani Kumar Mishra,J. Hon'ble Rajnish Kumar,J.
Following orders were passed in the matter on 7.4.2022:-
"Contention of learned counsel for the petitioner is that in proceeding under section 14 of the Gangster Act, 1986, the District Magistrate can only attach the property of gangster which in the opinion of the administrative authority is found to have been purchased from the proceeds of crime committed under the Act of 1986.
Argument is that there is no power under which the attached property can be confiscated in favour of the State. Therefore the order to that extent is clearly without authority of law.
Learned A.G.A. prays for and is allowed a week's time to obtain instructions in the matte.
Post as fresh, once again, on 19.04.2022."
Learned AGA, on the basis of instructions received from the District Magistrate, Kaushambi, submits that due to inadvertence the order of confiscation was passed instead of attachment and that such order has been withdrawn on 6.4.2022. It is further contended that authorities shall proceed with the matter strictly in accordance with law.
In view of the fact that the order impugned has already been recalled and the authorities undertake to proceed strictly in accordance with law, no further grievance survives to the petitioner as of now.
Writ petition, accordingly, is consigned to records.
Copy of the order dated 6.4.2022 has been furnished to the counsel for the petitioner today in Court.
Order Date :- 19.4.2022 Anil
Digitally signed by ANIL KUMAR PATEL Date: 2022.04.20 16:14:56 IST Reason: Location: High Court of Judicature at Allahabad
Pankaj Pandey
State Of U.P.
Ashwani Kumar Mishra
Rajnish Kumar
As recorded by the court registry
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