# Smt. Kripa Devi v. State of U.P. & Anr

- **Citation:** (2021) 8 ILRA 680
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2021-07-29
- **Case number:** Application U/S 482. No. 15865 of 2020
- **Bench:** Dr. Yogendra Kumar Srivastava
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/smt-kripa-devi-v-state-of-u-p-anr-47291
- **Pages:** 10

## Headnote

Law-Code
of
Criminal
Procedure, 1973-Section 482 - U.P.
Gangsters and Anti Social Activities
(Prevention) Act, 1986-Section 14(1)-
quashing of -the powers exercised by
the police comissioner u/ s 14(1) for
attachment of property are in his
capacity as an Executive Magistrate
and the order so passed is to be
followed by a reference to the Special
Court u/s 16-it would be open to the
claimant to file a representation as
per procedure u/s 15 within a period
of 90 days-in the absence of which
the matter would be referred to the
Special
Court,
Gangsters
Actrepresentation filed by the applicant
has been disposed of -At this stage,
necessary
consequences
under the
Act, relating to inquiry by the Special
Court would follow and any order
passed after inquiry, would be subject
to an appeal u/s 18 of the Act.(Para 1
to 36)

The application is dismissed. (E-5)

List of Cases cited:

## Text

680 INDIAN LAW REPORTS ALLAHABAD SERIES
No.1242 of 2017, under Sections 406, 420,
506 I.P.C., Police Station Chakeri, District
Kanpur Nagar.

28.

The
Chief
Metropolitan
Magistrate, Kanpur Nagar, is directed to
decide
afresh
the
issue
for
taking
cognizance and summoning the applicant
and pass appropriate orders in accordance
with law keeping in view the observations
made by this Court as well as the direction
contained in the judgments referred to
above within a period of two months from
the date of production of a copy of this
order.

29. Let a copy of this order be placed
before the learned Registrar General of this
Court within a week from today and the
learned Registrar General is directed to
issue
a
circular/
memorandum
in
accordance with law to all the District
Judges in the State of Uttar Pradesh
intimating them to inform all the Judicial
Officer not to use "Printed Proforma" in
passing the Judicial Orders in view of the
observations made herein above.

30. The party shall file computer
generated copy of such order downloaded
from the official website of High Court
Allahabad or certified copy issued from the
Registry of the High Court, Allahabad.

31. The concerned Court/ Authority/
Official shall verify the authenticity of such
computerized copy of the order from the
official website of High Court Allahabad
and shall make a declaration of such
verification in writing.
----------
(2021)08ILR A680
ORIGINAL JURISDICTION
CRIMINAL SIDE
DATED: ALLAHABAD 29.07.2021

BEFORE

THE HON'BLE DR. YOGENDRA KUMAR
SRIVASTAVA, J.

Application U/S 482. No. 15865 of 2020

Smt. Kripa Devi ...Applicant
Versus
State of U.P. & Anr. ...Opposite Parties

Counsel for the Applicant:
Sri Vishal Mohan Gupta

Counsel for the Opposite Parties:
A.G.A.

A.
Criminal
Law-Code
of
Criminal
Procedure, 1973-Section 482 - U.P.
Gangsters and Anti Social Activities
(Prevention) Act, 1986-Section 14(1)-
quashing of -the powers exercised by
the police comissioner u/ s 14(1) for
attachment of property are in his
capacity as an Executive Magistrate
and the order so passed is to be
followed by a reference to the Special
Court u/s 16-it would be open to the
claimant to file a representation as
per procedure u/s 15 within a period
of 90 days-in the absence of which
the matter would be referred to the
Special
Court,
Gangsters
Actrepresentation filed by the applicant
has been disposed of -At this stage,
necessary
consequences
under the
Act, relating to inquiry by the Special
Court would follow and any order
passed after inquiry, would be subject
to an appeal u/s 18 of the Act.(Para 1
to 36)

The application is dismissed. (E-5)

List of Cases cited:

1. Emperor Vs Khwaja Nazir Ahmed (1945) AIR
PC 18

2. A.N. Roy, Commr. of Police & anr. Vs Suresh
Sham Singh (2006) 5 SCC 745
8 All. Smt. Kripa Devi Vs. State of U.P. & Anr.
681
(Delivered by Hon'ble Dr. Yogendra
Kumar Srivastava, J.)

1. Heard Sri Vishal Mohan Gupta,
learned counsel for the applicant and Sri
Pankaj
Saxena,
learned
Additional
Government Advocate-I appearing for the
State-opposite parties.

2. The present application under
Section 482 Cr.P.C. has been filed seeking to
quash the order dated 08.07.2020 passed in
Case No. 07 of 2020 (State vs. Amit Sharma)
under Section 14 (1) of the U.P. Gangsters
and Anti Social Activities (Prevention) Act,
19861 by the Police Commissioner, Gautam
Buddha Nagar, with all of its consequential
effects and a further prayer to stay the
proceedings of Case No. 7/2020 (State vs.
Amit Sharma) under Section 14 (1) of the
Act, 1986 by the Police Commissioner,
Gautam Buddha Nagar.

3. Learned Additional Government
Advocate-I at the very outset raises an
objection with regard to the maintainability
of the present application on the ground
that the order of which quashment is sought
has been passed under sub-section (1) of
Section 14 of the Act which is in the nature
of an administrative order and as such no
proceedings under the Code of Criminal
Procedure, 19732 being pending, the
jurisdiction of this Court under Section 482
Cr.P.C. cannot be invoked.

4. Counsel for the applicant has
referred to the factual aspects of the case in
order to press for the relief for quashing of
the order dated 5.7.2020, passed by the
Police Commissioner and the consequential
proceedings initiated under the Act, 1986.

5. In order to appreciate the rival
contentions,
the
statutory
provisions
contained under the Act, 1986, would be
required to be adverted to.

6. The Uttar Pradesh Gangsters and
Anti-Social
Activities
(Prevention)
Ordinance, 1986, was promulgated to make
special provisions for the prevention of,
and for coping with gangsters and antisocial activities and for matters connected
therewith
or
incidental
thereto.
The
Ordinance was replaced by Uttar Pradesh
Gangsters and Anti-Social Activities) Act,
1986 [U.P. Act No. 7 of 1986], passed by
the State Legislature with the same
objective.

7. The provisions under the Act, 1986
relating to attachment of property and
consequential
proceedings,
which
are
relevant for the purpose of controversy in
the present case, are being extracted 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 or not
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.
682 INDIAN LAW REPORTS ALLAHABAD SERIES

(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 subsection (1) of Section 15 or the District
Magistrate does not 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 subsection (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 this Code of Civil Procedure,
1908 (Act No. V 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;
8 All. Smt. Kripa Devi Vs. State of U.P. & Anr.
683

(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
not 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 not 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."

8 . Section 14 of the Act, 1986
provides that 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 or not
cognizance of such offence has been taken
by any Court.

9. In terms of sub-section (1) of
Section 15, the claimant is entitled to make
a representation to the District Magistrate,
showing the circumstances in and the
sources by which such property was
acquired by him, within three months from
the date of knowledge of such attachment.

10. Sub-section (2) of Section 15
provides that 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.

11. Section 16 provides for an inquiry
into the character of acquisition of property
by Court. As per sub-sections (1) and (2), it
contemplates two situations : (i) where no
representation is made within the period
specified in sub-section (1) of Section 15 or
the District Magistrate does not release the
property under sub-section (2); (ii) 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. In case of (i), the District Magistrate is
to refer the matter with his report to the
Court having jurisdiction to try an offence
under the Act. In case of the situation under
(ii), the State Government or any person
aggrieved by such refusal for 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
684 INDIAN LAW REPORTS ALLAHABAD SERIES
of the commission of an offence triable
under the Act, and such Court may, if it
considers necessary or expedient in the
interest of justice so to do, order attachment
of such property.

12. In terms of sub-section (3) (a) of
Section 16, on receipt of the reference under
sub-section (1) or an application under subsection (2), the Court shall proceed with the
inquiry after due notice to the parties
concerned. It is also provided that the Court
shall hear the parties, receive the evidence
produced by them, take such further evidence
as it considers necessary, decide whether the
property was acquired by gangster as a result
of commission of an offence triable under the
Act and shall pass such order under Section
17, as may be, just and necessary in the
circumstances of the case. Sub-section (4)
provides that 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, in
respect of certain specified matters.

13. Section 17 relates to the order after
inquiry and it provides that if upon an inquiry
the Court finds that the property was not
acquired by a gangster as a result of
commission of any offence triable under the
Act, it shall order for release of the property
of the person from whose possession it was
attached, and in any other case the Court may
make such order as it thinks fit for disposal of
the property by attachment, confiscation or
delivery to any person entitled to the
possession thereof, or otherwise. Section 18
provides a forum of appeal against any
judgement or order of a Court passed under
the provisions of the Act.

14. The provisions referred to above
in respect of attachment of property, would
go to show that the scheme of the Act
provides a complete procedure from the
stage of passing of an order of attachment
under Section 14 (1) to an opportunity to
the claimant to make a representation,
whereupon the Magistrate, upon being
satisfied about the genuineness of the
claim, is empowered to release the property
from attachment. This is subject to a further
inquiry by the Court under Section 16 and
passing of an order after inquiry under
Section 17 after due opportunity to all,
which is subject to a statutory appeal under
Section 18.

15. In order to examine as to whether
the inherent powers of the High Court
under Section 482 of the Code, may be
invoked
to
seek
quashing
of
the
proceedings, at the stage of passing of an
order of attachment under Section 14 (1) of
the Act, 1986, the provisions contained
under Section 482 are required to be
adverted to. For ease of reference Section
482 of the Code is being extracted below :-

"482.
Saving
of
inherent
powers of High Court. Nothing in this
Code shall be deemed to limit or affect the
inherent powers of the High Court to make
such orders as may be necessary to give
effect to any order under this Code, or to
prevent abuse of the process of any Court
or otherwise to secure the ends of justice."

16. Section 482 of the Code envisages
three situations under which the inherent
powers of the High Court may be
exercised, namely: (i) to give effect to any
order under the Code, (ii) to prevent abuse
of the process of the Court, or (iii) to
otherwise secure the ends of justice.

17. The inherent jurisdiction under the
section though wide, is to be exercised
sparingly, carefully and with caution and
8 All. Smt. Kripa Devi Vs. State of U.P. & Anr.
685
only when such exercise is justified by the
tests specifically laid down in the section
itself. The powers are to be exercised ex
debito justitiae to do real and substantial
justice for the administration of which
alone the Courts exist.

18. Section 482 provides for saving of
the inherent powers of the High Court and
it does not confer any new power on the
Court. The section only recognizes the
inherent powers of the High Court to make
such orders as may be necessary to give
effect to any order under the Code or
prevent abuse of process of any Court or
otherwise to secure the ends of justice.

19. The invocation of inherent power
of the High Court, therefore, can be made
in respect of proceedings pending before or
disposed of by criminal courts and such
powers cannot ordinarily be exercised in
relation to orders passed by an authority not
functioning under the Code or in respect of
proceedings
which
are
not
criminal
proceedings in a court.

20. Referring to Section 561-A of the
Code of Criminal Procedure, 1898 (which
corresponds to Section 482 of the new
Code) the Privy Council in Emperor vs.
Khwaja Nazir Ahmed3, held that the said
section does not give to the High Court any
increased powers, it only provides that
those which the Court already inherently
possess, shall be preserved. It was stated
thus :-

"It has sometimes been thought
that Section 561A has given increased
powers to the Court which it did not
possess before that section was enacted.
But this is not so. The section gives no new
powers, it only provides that those which
the Court already inherently possess shall
be preserved and is inserted, as their
Lordships
think,
lest
it
should
be
considered that the only powers possessed
by the Court are those expressly conferred
by the Criminal Procedure Code and that
no inherent power had survived the passing
of that Act."

21 . It is, therefore, seen that the
inherent powers of the High Court under
Section 482 can be invoked only to make
such orders as may be necessary to give
effect to any order under the Code or to
prevent abuse of process of any Court or
otherwise to secure the ends of justice. The
language and the phraseology used under
the section make it clear that the powers are
to be exercised in relation to a proceeding
of a judicial character before a Court and
not in respect of an order which is of an
executive or administrative nature.

22. In the case at hand, the order
impugned contains a recital that the State
Government, in exercise of powers under
Section 8 of the Code, has conferred the
powers to be exercised under Section 14 of
the
Act,
1986,
upon
the
Police
Commissioner, Gautam Budh Nagar, for
the purposes of Section 20 of the Code. It is
in exercise of the powers so conferred
under Section 14(1) of the Act, 1986, that
the Police Commissioner has passed an
order of attachment of property with a
stipulation that the claimant may, within 90
days, make a representation as per the
procedure under Section 15, failing which,
the matter would be referred to the Special
Court, Gangsters Act, Gautam Budh Nagar.

23. It may be taken note of that in
terms
of
the
mandate
under
the
Constitution, the Code has provided for
separation of the judiciary from the
executive. Broadly speaking, functions
686 INDIAN LAW REPORTS ALLAHABAD SERIES
which are essentially judicial in nature are
the concern of the Judicial Magistrates,
while functions which are 'police' or
'administrative' in nature are the concern of
the Executive Magistrates.

24. It would be apposite at this stage
to refer to Section 8 and Section 20 of the
Code, which are as follows :-

"8. Metropolitan areas.- (1)
The
State
Government
may,
by
notification, declare that, as from such
date
as
may
be
specified
in
the
notification, any area in the State
comprising
a
city
or
town
whose
population exceeds one million shall be a
metropolitan area for the purposes of this
Code.

(2) As from the commencement
of this Code, each of the Presidencytowns of Bombay, Calcutta and Madras
and the city of Ahmedabad shall be
deemed to be declared under sub-section
(1) to be a metropolitan area.

(3) The State Government may,
by notification, extend, reduce or alter the
limits of a metropolitan area but the
reduction or alteration shall not be so
made as to reduce the population of such
area to less than one million.

(4) Where, after an area has been
declared, or deemed to have been declared
to be, a metropolitan area, the population of
such area falls below one million, such area
shall, on and from such date as the State
Government may, by notification, specify
in this behalf, cease to be a metropolitan
area; but notwithstanding such cesser, any
inquiry,
trial
or
appeal
pending
immediately before such cesser before any
Court or Magistrate in such area shall
continue to be dealt with under this Code,
as if such cesser had not taken place.

(5) Where the State Government
reduces or alters, under sub-section (3), the
limits of any metropolitan area, such
reduction or alteration shall not affect any
inquiry,
trial
or
appeal
pending
immediately before such reduction or
alteration before any Court or Magistrate,
and every such inquiry, trial or appeal shall
continue to be dealt with under this Code as
if such reduction or alteration had not taken
place.

Explanation.-In this section, the
expression
"population"
means
the
population as ascertained at the last
preceding census of which the relevant
figures have been published.

20. Executive Magistrates.- (1)
In every district and in every metropolitan
area, the State Government may appoint as
many persons as it thinks fit to be
Executive Magistrates and shall appoint
one of them to be the District Magistrate.

(2) The State Government may
appoint any Executive Magistrate to be an
Additional District Magistrate, and such
Magistrate shall have all or any of the
powers of a District Magistrate under this
Code or under any other law for the time
being in force.

(3) Whenever, in consequence of
the office of a District Magistrate becoming
vacant, any officer succeeds temporarily to
the executive administration of the district,
such officer shall, pending the orders of the
State Government, exercise all the powers
and perform all the duties respectively
conferred and imposed by this Code on the
District Magistrate.
8 All. Smt. Kripa Devi Vs. State of U.P. & Anr.
687

(4) The State Government may
place an Executive Magistrate in charge of
a sub-division and may relieve him of the
charge as occasion requires; and the
Magistrate so placed in charge of a subdivision shall be called the Sub-divisional
Magistrate.

(4A) The State Government may,
by general or special order and subject to
such control and directions as it may deem
fit to impose, delegate its powers under
sub-section (4) to the District Magistrate.

(5) Nothing in this section shall
preclude the State Government from
conferring under any law for the time being
in force, on a Commissioner of Police, all
or any of the powers of an Executive
Magistrate in relation to a metropolitan
area."

(6) The State Government may
delegate its powers under sub-section (4) to
the District Magistrate. [Vide U.P. Act 1 of
1984, section 5 (w.e.f. 1-5-1984)].

25. As per Section 8 of the Code, the
State Government may, by a notification,
declare any area in the State comprising a
city or town whose population exceeds one
million to be a metropolitan area for the
purposes of Code. Section 20 of the Code
contains reference to Executive Magistrates
and in terms of sub-section (1) thereof, the
State Government may appoint as many
persons as it thinks fit to be an Executive
Magistrate in every district and in every
metropolitan area. Further, under subsection (5), the State Government is
empowered to confer, under any law for the
time being in force, on a Commissioner of
Police, all or any of the powers of an
Executive Magistrate in relation to a
metropolitan area.

26. The aforementioned provisions
under Section 20 of the Code fell for
consideration in A.N.Roy, Commissioner
of Police and another Vs. Suresh Sham
Singh4, in the context of a challenge
having been raised to an order passed by
the Police Commissioner in exercise of
powers under Section 18 (1) of the Immoral
Traffic (Prevention) Act, 19565, and
reading sub-sections (1), (2) and (5) in
conjunction, it was held that the State
Government has power to appoint the
Commissioner of Police of a metropolitan
area, as an Executive Magistrate, who shall
have powers of a District Magistrate for the
purposes of provisions under the said Act.
The relevant observations made in the
judgment are as follows :-

"22. Under sub-section (1) of
Section 20 the Government has got the
power to appoint as many persons as it
thinks fit to be Executive Magistrates in
every district and in every metropolitan
area and shall appoint one of them to be the
District Magistrate. The words, "as many
persons" employed in sub-section (1) are
adequately
elastic
to
include
the
Commissioner of Police. In other words,
the State Government is not precluded from
appointing the Commissioner of Police in a
metropolitan
area
as
an
Executive
Magistrate. We have already noted that
Brihan Mumbay is a metropolitan area.
Once the Commissioner of Police is
appointed as an Executive Magistrate in
Brihan Mumbay, he can be appointed as an
Additional District Magistrate, who shall
have the powers of the District Magistrate
for the purposes of Sections 18 and 20 of
the Act. In our opinion, this would be the
correct reading of the statute. This view of
ours is further clarified by sub-section (5)
of Section 20 when it is stated that nothing
in this section shall preclude the State
688 INDIAN LAW REPORTS ALLAHABAD SERIES
Government from conferring under any law
for the time being in force, on the
Commissioner of Police, all or any of the
powers of an Executive Magistrate in
relation to a metropolitan area."

27. The practice of conferring on a
Commissioner of Police some magisterial
powers of an executive nature has been
prevalent, particularly in some metropolitan
areas
and
the
power
of
the
State
Government in this regard flows from a
conjoint reading of sub-sections (1), (2) and
(5) of Section 20 of the Code.

28. The order impugned contains a
clear recital that the State Government,
exercising powers under Section 8 of the
Code,
has
conferred
the
powers
exerciseable under Section 14 of the Act,
1986 upon the Police Commissioner,
Gautam Buddha Nagar, for the purposes of
Section 20 of the Code. It is in furtherance
of the powers so conferred that the Police
Commissioner has passed the order of
attachment of property exerciseable by the
District Magistrate under Section 14 (1) of
the Act, 1986.

29. It may also be noticed that the
order of attachment passed by the Police
Commissioner clearly states that it would
be open to the claimant to file a
representation as per the procedure under
Section 15, within a period of ninety days
from the date of the order, in the absence of
which the matter would be referred to the
Special Court, Gangsters Act, Gautam
Budh Nagar for its consideration.

30. Upon a consideration of the order
in its entirety, it is clear that the Police
Commissioner has exercised powers of a
District Magistrate under Section 14 (1)
and has left it open to the claimant to file a
representation as per the procedure under
Section 15 failing which the matter would
be referred for inquiry before the Special
Court as contemplated under Section 16 of
the Act, 1986. The powers exercised by the
Police Commissioner under Section 14 (1)
are in his capacity as an Executive
Magistrate, and the order so passed is to be
followed by a reference to the Special
Court under Section 16, making it clear that
the Commissioner of Police while passing
the order impugned has not exercised any
judicial power as a court. This being the
position it would not be open to the
applicant to invoke the inherent powers of
the High Court under Section 482 of the
Code at this stage of the proceedings.

31. It would also be relevant to notice
that the order of attachment of property
under Section 14(1) is subject to a further
inquiry into the character of acquisition of
property by the Special Court constituted
for the purpose under the Act, 1986. The
provisions contained under Section 16 of
the Act provides that 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 commission of an offence triable
under this Act and shall pass such order
under Section 17 as may be necessary in
the circumstances of the case. If upon such
inquiry, the Special Court finds that the
property was acquired as a result of
commission of any offence triable under
the Act, it can order for release of the
property of the person from whose
possession it was attached. It is only in a
situation otherwise, that the Court may
make an order as it thinks fit for the
disposal of the property for attachment,
confiscation or delivery to any person
entitled to the possession thereof. Even
8 All. Vikki Vs. State of U.P. & Anr.
689
after passing of the order under Section 17,
consequent to an inquiry under Section 16,
the party concerned would have the
opportunity of availing statutory remedy of
an appeal under Section 18.

32. The provisions contained under
the Act, 1986, relating to attachment
proceedings, thus, provide a complete
scheme and ample opportunity to the
claimant at the stage of inquiry before the
Court and also the remedy of filing the
appeal.

33. In the case at hand, the
proceedings against which the present
application has been filed, are at a stage,
which is antecedent to the inquiry to be
held by the Special Court and in view
thereof, there appears to be no plausible
cause for the applicant to have approached
the Court at this stage.

34. Counsel for the applicant at this
stage, submits that the representation dated
20.7.2020, as contemplated under Section
15, filed by the applicant, has been
disposed of recently. If that be so, the
necessary consequences under the Act of
1986, relating to inquiry by the Special
Court, would follow and any order to be
passed after inquiry, would be subject to an
appeal under Section 18.

35. For all the aforestated reasons,
this Court is not inclined to exercise its
inherent jurisdiction under Section 482
Cr.P.C.

36.

The
application
stands,
accordingly, dismissed.
----------
(2021)08ILR A689
ORIGINAL JURISDICTION
CRIMINAL SIDE
DATED: ALLAHABAD 03.08.2021
BEFORE

THE HON'BLE DR. YOGENDRA KUMAR
SRIVASTAVA, J.

Application U/S 482. No. 17735 of 2020

Vikki ...Applicant
Versus
State of U.P. & Anr. ...Opposite Parties

Counsel for the Applicant:
Sri Rajesh Kumar Tiwari

Counsel for the Opposite Parties:
A.G.A.

A.
Criminal
Law-Code
of
Criminal
Procedure, 1973-Section 482 - Indian
Penal Code, 1860-Section 473 & U.P.
Excise Act,1910-Section 60/63-seeking
release of vehicle-magistrate rejected
the
application
being
not
maintainable-Section 72 of the Act
which is admittedly a local act does
not contain any provision for release of
anything
seized
or
detained
in
connection with a offence committed
under the Act in respect of which
confiscation proceedings are pendingSection 72 of the Act clearly denudes
the Magistrate of his power to pass
any order u/s 457 Cr.P.C. for release of
anything seized in connection with an
offence
purporting
to
have
been
committed under the Act-under the
scheme of Excise Act, any vehicle used
for carrying the intoxicant, upon being
seized, is required to be produced
before the Collector, who in turn has
been conferred with the power of its
confiscation.(Para 1 to 22)

The application is dismissed. (E-5)

List of Cases cited:

1. Virendra Gupta Vs St. of U.P.(2019) 108 ACC
438

2. Nand Vs St. of U.P.(1997) 1 AWC 41