{"id":397566,"date":"2026-09-30T15:00:50","date_gmt":"2026-09-30T09:30:50","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=397566"},"modified":"2026-10-05T10:17:07","modified_gmt":"2026-10-05T04:47:07","slug":"jharkhand-hc-distinguishes-legitimate-assets-from-alleged-terror-proceeds-attached-under-uapa","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2026\/09\/30\/jharkhand-hc-distinguishes-legitimate-assets-from-alleged-terror-proceeds-attached-under-uapa\/","title":{"rendered":"UAPA Property Attachment: Jharkhand HC Distinguishes Legitimate Assets from Alleged Terror Proceeds"},"content":{"rendered":"
\n

Jharkhand High Court:<\/span> The Division Bench of Rongon Mukhopadhyay and Arun Kumar Rai, JJ. partly allowed an appeal challenging attachment of properties under the Unlawful Activities (Prevention) Act, 1967<\/a> (UAPA). The Court released a TVS scooty owned by Appellant 1, holding that her independent employment and salary supported legitimate acquisition. However, the attachment of a JCB loader and a double-storeyed building was upheld as the appellants failed to produce sufficient documentary evidence establishing legitimate sources of funds for their acquisition or construction.<\/p>\n

Background<\/p>\n

The case originated from a police raid conducted pursuant to secret information received on 10 January 2016 concerning alleged levy collection by persons associated with the banned extremist organisation, Tritiya Prastuti Committee (TPC) in the Amrapali-Magadh coal area of Tandwa, Chatra. The allegation was that a local association was operating in connection with the extremist organisation and was collecting levy from coal traders and coal-related persons by creating fear and intimidation. It was also alleged that if any businessmen hesitate to pay levy, they were threatened by the members of such organisation and were also subjected to hardships.<\/p>\n

Acting upon the information, a raid was conducted at the residence of Accused 1. During the raid, the police recovered cash amounting to ₹91,75,890 from beneath his bed and from an almirah. It was submitted that Accused 1 could not provide a satisfactory explanation regarding the source of this substantial amount of cash. The 2 persons, Accused 2 and Accused 3, were also apprehended from Accused 1’s house. The police allegedly recovered a loaded Mauser pistol from Birbal, and a country-made pistol and 2 live cartridges from Accused 3. Both had confessed of being associated with TPC organisation.<\/p>\n

The police alleged that Accused 1 disclosed that he was the President of the Magadh Sanchalan Samittee and that the levy collected by the association was sent to Accused 4 and Accused 5 and subsequently distributed among several persons allegedly connected with the TPC. It was further alleged that, during the incarceration of Accused 1, Accused 6 had taken over the collection activity. A subsequent raid was conducted at the residence of Accused 6. The police recovered ₹57,57,710 in cash from beneath his bed and from an almirah. Accused 6 was also unable to provide a satisfactory explanation for possession of the cash.<\/p>\n

On the basis of these allegations, a case was registered for offences under Sections 414<\/a>, 384<\/a>, 386<\/a>, 387<\/a> and 120-B<\/a>, Penal Code<\/a>, Section 25(1-b)(a<\/span>)<\/a>, Section 26<\/a>\/35<\/a>, Arms Act, 1959<\/a> and Section , 17(1)(2), Criminal Law Amendment Act, 1908. Subsequently, Sections 16<\/a>, 17<\/a>, 20<\/a> and 23<\/a> UAPA<\/a> were also added. Since the case involved scheduled offences, the Central Government directed the National Investigation Agency (NIA) to take over the investigation. The police case was consequently re-registered as NIA case.<\/p>\n

During the investigation, the respondent authorities proceeded against certain movable and immovable properties allegedly connected with Accused 1 and his family members. These included 26 decimals of land at Mauza Mashilong with a double-storeyed building standing upon it, a TVS two-wheeler registered in the name of Appellant 1, wife of Accused 1, a Scorpio vehicle and a JCB loader standing in the name of Accused 7 (represented by his wife i.e Appellant 2), brother of Accused 1. The Designated Authority under the UAPA passed an attachment order on 26 March 2019, recording prima facie satisfaction that the properties had been acquired from proceeds of crime or proceeds connected with terrorism. The appellants challenged the attachment, which was dismissed on 18 July 2023, leading to the present appeal.<\/p>\n

The appellants argued that the authorities had presumed that properties belonging to Accused 1 relative were purchased from proceeds of terrorism merely because of their relationship with him. The appellants contended that there was no independent evidence linking their properties to terrorist activities or illicit proceeds. With respect to the TVS scooty, the appellants pointed out that it was registered in the name of Appellant 1, who was an employee of Central Coalfields Limited and was earning approximately ₹82,000 per month. The appellants submitted, that the JCB loader was acquired from Accused 7 own income as an agriculturist and through finance obtained from SREI Equipment Finance Limited. As regards the land and double-storeyed building, the appellants contended that the land was a joint family property and had been purchased in 1990 in the name of the mother of Accused 1.<\/p>\n

The NIA opposed the appeal. It contended that the appellants had failed to produce documentary evidence relating to their income, financial resources, income tax records, bank statements, loan documents, repayment schedules or regular equated monthly instal<\/span>ment (EMI) payments. The NIA contended that the appellants had not produced building-plan sanctions, permissions or other documents relating to construction with respect to the house.<\/p>\n

Decision and Analysis<\/p>\n

The Court examined each of the 3 categories of property separately. In relation to the TVS scooty, the Court noted that the vehicle was registered in her name and that she was an employee of Central Coalfields Limited drawing a substantial salary. The Court held that the purchase of the scooty cannot be said to be from the proceeds of crime on account of the self-acquired financial prowess of Appellant 1 and merely because Appellant 1 is the wife of Accused 1. Consequently, the Court set aside the attachment of the TVS scooty and directed that it be released in favour of Appellant 1.<\/p>\n

The Court, however, reached a different conclusion concerning the JCB loader. It found that Accused 7 had produced only a document indicating payment of ₹82,000 as an instalment to the finance company. The document did not adequately establish the financial capacity or legitimate source of funds through which such a costly vehicle had been acquired. In the absence of supporting financial documentation, the Court construed that the JCB loader was purchased through proceeds of terrorism. The attachment of the JCB loader was therefore upheld.<\/p>\n

The Court also upheld the attachment of the land and double-storeyed building. It acknowledged that the underlying land stood in the name of the mother of Accused 1 and had been purchased in 1990. The Court observed that there was a total dearth of evidence that the house, which was constructed, was from a legitimate source of income. The Court noted that the appellants had failed to furnish basic documents relating to construction, including building-plan approval, permission from the competent authorities and other material demonstrating the source of construction funds. Merely contending that the property was a joint family property in the name of the mother of Accused 1 would not give the property a legitimacy in the backdrop of vague and unsubstantiated claims made by the appellants. The learned trial court was correct in rejecting the claim of the appellants so far as the attachment of the land and the building was concerned.<\/p>\n

Accordingly, the Court partly allowed the appeal. It set aside the order dated 18 July 2023 and directed release of the scooty to Appellant 1 upon identity verification. In respect of the JCB loader and the land with the double-storeyed building, the Court found no reason to interfere with the earlier order and affirmed their attachment.<\/p>\n

[Appellant 1<\/span> v. Union of India<\/span>, 2026 SCC OnLine Jhar 1856<\/a>, decided on 5-8-2026<\/span>]<\/p>\n

*Judgment authored by: Justice Rongon Mukhopadhyay<\/span><\/strong><\/p>\n\n

Advocates who appeared in this case:<\/p>\n

For the Appellants:<\/span> Balaji Srinivasan, Advocate<\/p>\n

For the Respondent:<\/span> Amit Kr. Das, Senior, Advocate<\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

The Court held that the purchase of the scooty cannot be said to be from the proceeds of crime on account of the self-acquired financial prowess of Appellant 1 and merely because Appellant 1 is the wife of Accused 1. The Court observed that there was a total dearth of evidence and found no reason to interfere with the earlier order and affirmed the attachment.<\/p>\n","protected":false},"author":67544,"featured_media":397571,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[3,10],"tags":[115978,115979,115987,115988,115989,115983,115990,115980,115985,115982,115999,34313,115994,115984,115996,115992,5791,45418,74494,30456,115998,115991,38971,60407,26784,115993,115977,115986,115981,115995,116000,115997],"class_list":["post-397566","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-casebriefs","category-highcourts","tag-115978","tag-20-and-23-of-the-unlawful-activities-prevention-act-1967","tag-115987","tag-115988","tag-387-and-120b-ipc","tag-amrapali-magadh-coal-area","tag-arms-act-recovered-cash","tag-banned-extremist-organisation","tag-coal-traders","tag-collecting-levy","tag-dearth-of-evidence","tag-documentary-evidence","tag-double-storeyed-building","tag-fear-and-intimidation","tag-financial-resources","tag-jcb-loader","tag-jharkhand-high-court","tag-joint-family-property","tag-justice-rongon-mukhopadhyay","tag-land","tag-legitimate-source-of-funds","tag-movable-and-immovable-properties","tag-national-investigation-agency","tag-police-raid","tag-proceeds-of-crime","tag-scorpio-vehicle","tag-sections-16","tag-sections-414","tag-tritiya-prastuti-committee","tag-tvs-scooty","tag-vague-and-unsubstantiated-claims","tag-wife-of-accused"],"yoast_head":"\nUAPA Property Attachment: Jharkhand HC Distinguishes Legitimate Assets from Alleged Terror Proceeds | SCC Times<\/title>\n<meta name=\"description\" content=\"The Jharkhand High Court distinguished the properties of the accused and their family members attached under UAPA act. 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