order dated 26.12.2022 (subsequent amended order dated 11.01.2023) and record, it appears that only on the basis of the police report, the District Magistrate has attached the property in question, no material was supplied to the District Magistrate to have reasons to believe that the property in question was acquired by the gangster, the present appellant as a result of commission of any offence triable under this Act. It vitiates the subjective satisfaction of the District Magistrate also from the record. It appears that the District Magistrate has no material in support of the police report that the property in question was acquired by the present appellant being gangster even though the proceedings were not followed as per the provisions of the Act. It appears that the appellant was having enough source of income, from which the appellant had acquired the property, thus, the impugned order of attachment was passed in mechanical manner without application of judicial mind and is arbitrary. Thus, the order dated 20.02.2024 passed by learned Additional Sessions Judge / Special Judge, Gangster Act, Court No.6, Ayodhya as well as order dated 22.05.2023 passed by the District Magistrate, Ayodhya and order dated 26.12.2022 (subsequent amended order dated 11.01.2023) passed by the District Magistrate, Ayodhya are liable to be quashed.
