Allahabad High Court: Gangsters Properties in Wifes Name Can Be Seized

The Allahabad High Court has ruled that properties acquired by a gangster in the name of his wife can be attached under the Gangsters Act. The decision came in response to an appeal filed by Meena Devi, the wife of alleged gangster Rajendra Yadav, challenging a property attachment order.

The Allahabad High Court ruled on Monday that properties acquired by a gangster in the name of his wife can be attached under the Gangsters Act. This significant decision came in response to a criminal appeal filed by Meena Devi, the wife of alleged gangster Rajendra Yadav of Azamgarh. Meena Devi had challenged a May 4, 2023 order of a special judge, Gangsters Act, which upheld a property attachment order issued by the district magistrate.

Dismissal of Meena Devi's Plea

Justice Nalin Kumar Srivastava dismissed Meena Devi's plea, stating that the properties attached were acquired by gangster Rajendra Yadav, her husband, in her name through the commission of offenses triable under the Gangsters Act. The court noted that relevant materials were provided to the district magistrate of Azamgarh, giving reason to believe that the properties in question were acquired by Rajendra Yadav as a result of offenses triable under the Act. Justice Srivastava emphasized that the burden of proof lies with the claimant to demonstrate that the properties were not acquired through illegal means, and Meena Devi failed to sufficiently discharge this burden.

Scrutiny of Evidence

Upon examining the record, the court found that the district magistrate had access to relevant materials supporting the police report. Additionally, it was determined that Meena Devi did not possess sufficient income to acquire the properties in question. These factors contributed to the court's decision to dismiss her plea.

Arguments Presented by Meena Devi's Counsel

During the hearing, Meena Devi's counsel asserted that she is neither a gangster nor involved in any anti-social activities that could have led to the acquisition of the properties. The counsel argued that the Azamgarh district magistrate disregarded Meena Devi's plea and arbitrarily confirmed the attachment order. The counsel maintained that the properties were acquired through legitimate means, specifically through money earned by her husband.

The Allahabad High Court's ruling serves as a significant development in the enforcement of the Gangsters Act. It reinforces the principle that properties acquired by gangsters in the name of their spouses can be subject to attachment under the law. This decision underscores the court's commitment to combating organized crime and ensuring that individuals involved in illegal activities are held accountable for their actions.