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Bureau Prayagraj- Allahabad High Court, in an important decision, said that a person’s property cannot be confiscated merely on the basis that he is a relative of a gangster. The court clarified that for confiscation of property, it is necessary to prove a direct connection (nexus) between the crime and the property. The bench of Justice Raj Bir Singh accepted the appeal of Mansoor Ansari and canceled the order to confiscate his property. Mansoor Ansari is the cousin of notorious gangster Mukhtar Ansari.

In the case, the shops and building of Mansoor Ansari were seized by the District Magistrate terming them as ‘beneficial property’, which was also upheld by the Special Court (Gangster Act) of Ghazipur.

The High Court said that the power to confiscate property under the Uttar Pradesh Gangster and Anti-Social Activities (Prevention) Act 1986 is not unlimited. For this, it is necessary to prove that the person concerned made property from the money earned from any crime as a gang member or operator.

“Property cannot be confiscated merely on the basis of allegation or suspicion. There must be a clear connection between the offense and the property,” the court said. The court also made it clear that reason to believe cannot be based merely on suspicion or conjecture but must be based on solid evidence. In this case, the court found that the state could not present any concrete evidence to prove that the property was created from the proceeds of crime.

The court also said that under the law it is not necessary for the person to prove his own source of income to get the property back. First, the state must prove that the property is connected to the crime. During the hearing it also came to light that there is no criminal history against Mansoor Ansari under the Gangster Act.

Making a strong comment, the High Court said that it is completely wrong to confiscate the property merely on the basis of being a relative of Mukhtar Ansari. The court quashed the orders of the District Magistrate and the Special Court, terming them arbitrary and baseless and directed the state government to immediately release the property.