The Allahabad High Court ruled on Monday that properties acquired by a gangster in the name of his wife can be seized under the Gangsters Act.
This decision came as the court dismissed a criminal appeal filed by Meena Devi, the wife of alleged gangster Rajendra Yadav from Azamgarh, challenging a May 4, 2023 order issued by a special judge under the Gangsters Act, which upheld a property attachment order issued by the district magistrate.
Justice Nalin Kumar Srivastava, in dismissing Meena Devi's plea, stated, "This court is of the opinion that the properties which were attached were acquired by gangster Rajendra Yadav, the husband of the appellant, in the name of his wife through the commission of offences punishable under the Gangsters Act."
He further added, "It also appears that relevant evidence was provided to the district magistrate, Azamgarh, indicating that the properties in question were obtained by gangster Rajendra Yadav, the appellant's husband, as a result of committing offences under this Act. The burden of proving that the properties were not acquired... as a result of offences under the Act has not been adequately discharged."
Upon review of the record, the court found that the district magistrate had sufficient evidence supporting the police report and that the appellant did not have sufficient income to acquire the said properties.
During the hearing, Meena Devi's counsel argued that she was neither a gangster nor had she acquired the aforementioned properties through involvement in any anti-social activities.
The Azamgarh district magistrate reportedly did not consider the appellant's plea, arbitrarily confirming the attachment order while rejecting her representation and asserting that the property was obtained through illegal earnings by her husband. The case was subsequently referred to the special judge, as stated by the counsel.
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