The Allahabad high court has held that a district magistrate (DM) must refer a property release plea to the competent court under Section 16(1) of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, if he rejects the plea for release of property attached under the Gangsters Act.
The court remitted the matter to the DM for fresh consideration in accordance with law. A bench of Justice Ajay Bhanot and Justice Divesh Chandra Samant made the observation while quashing a March 9, 2026 order passed by the DM, Firozabad, rejecting a representation seeking release of attached property. However, in its September 22 order, the high court pointed out that Section 16(1) mandates the DM to refer the matter, along with his report, to the court having jurisdiction to try an offence under the Gangsters Act if he does not release the property under Section 15(2).
The bench noted that no such reference had been made in the present case. The state counsel, on instructions, did not dispute this. The court directed the DM, Firozabad, to decide the petitioner’s representation for release of the property afresh in accordance with law within two months of receiving a certified copy of the order. The writ petition was accordingly allowed to that extent.
Holding that the DM’s order was contrary to the statutory mandate under Section 16(1), the court quashed it.
