Amendment status not verified — confirm the current text below against the official source.
(1) When no representation is made within the period specified in sub-section (1) of section 15 or the District Magistrate does not release the property under sub-section (1) of section 15 he shall refer the matter with his report to the Court having jurisdiction to try an offence under this Act. (2) Where the District Magistrate has refused to attach any property under sub- section (1) of section 14 or has ordered for release at any property under sub-section (2) of section 15, the State Government or any person aggrieved by such refusal or release may make an application to the court referred to in sub-section (I) [or inquiry as to whether the property was acquired by or, as a result of the commission of an offence triable under this Act. Such court may, if it considers necessary or expedient in the interest of justice so to do, order attachment of such property. (3) (a) On receipt of the reference under sub-section (1) or an application under sub-section (2), the court shall fix a dale for inquiry and give notices thereof to the person making the application under sub-section (2) or, as the case may be, to the person making the representation under section 15 and to the State Government, and also to any other person whose interest appears to be involved in the case. (b) On the date so fixed or on any subsequent date, to which the inquiry may be adjourned the court shall hear the parties, receive evidence produced by them, take such further evidence, as it considers necessary, decide whether the property was acquired by a gangster as a result of the commission of an offence triable under this Act and shall pass such order under section 17 as may be just and necessary in the circumstances of the case. (4) For the purpose of inquiry under sub-section (3) the Court, shall have the power of a Civil Court while trying a wit under the Code of Civil Procedure, 1908 in respect of the following matters; namely-- (a) summoning and enforcing- the attendance of any, person and examining him on oath; (b) requiring the discovery and production of documents; (c) receiving evidence on affidavits; (d) requisitioning any public record or copy thereof from any court or 69 office; (e) issuing commission for examination of witnesses or documents; [The Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986] [Section 17-19] (f) dismissing a reference for default or deciding it ex parte; (g) setting aside In order of dismissal for default or ex parte decision. (5) In any proceedings under tit is section, the burden of proving that the property in question or any part thereof was not acquired by a gangster as a result of the commission or any offence triable under this Act, shall be all the person claiming the property anything to the contrary contained in the Indian Evidence Act, 1872 notwithstanding. Order after inquiry