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The order of the District Magistrate attaching one’s property should be based on reasons and not arbitrary: Allahabad High Court

The expression “reason to believe ” enshrined in the act is of paramount importance and has its intent and purpose. It puts a check on the arbitrary exercise of the power of attachment by denying him his right to property. Such an observation was made by the Hon’ble Allahabad High Court before Hon’ble Justice Subhash Chandra Sharma in the matter of  Abrar vs State of U.P. & Anr[ CRIMINAL APPEAL No. – 2130 of 2021] on 23.10.2021.

The facts of the case revolved around an order of attachment by the District Magistrate dated 07.07.2020 on the ground that such property was made by money earned as a gangster, to which the petitioner objected but the objection was rejected by the DM. Upon such rejection, the petitioner made an appeal to the Additional session judge which was also dismissed. Thus, the instant petition was preferred by the petitioner. It was the contention was the petitioner that the house is made from money taken as a loan from various banks and also from the contribution of his two sons one of whom is working in Kuwait and earns Rs. 70,000/- and the other works at furniture house and earns Rs. 30,000/- per month.

The Hon’ble High Court observed that the statute lays an obligation on the District Magistrate to consider & use powers enshrined upon him by the statute in a reasonable manner and not in an arbitrary manner. The Hon’ble High Court further stated that “There must be a rational and intelligible nexus between ”reason’ and ”belief’. The word ”belief’ is a very much stronger word than ”suspect’ and it involves the necessity of showing that the circumstances were such that a reasonable man must have felt convinced in his mind that what has been alleged is true.

Finally, the Hon’ble High Court allowed the appeal and was remanded back to the Special judge for being considered afresh in the light of the observations made by this Court.

Click Here To Read The Judgment

Judgment Reviewed by: Rohan Kumar Thakur

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