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  • Section 3 & 5 of Uttar Pradesh Prohibition
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  • Section 3 & 5 of Uttar Pradesh Prohibition
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    Islamic Dawah Centre Fatima Charitable Foundation Mohd. Umar Gautam @ Shyam Prasad Gautam Versus The Deputy Director Directorate of Enforcement, Delhi v. The Deputy Director, Directorate of Enforcement, Lucknow

    APPELLATE TRIBUNAL UNDER SAFEMA AT NEW DELHI

    1. FPA-PMLA-6687/DLI/2023

    Islamic Dawah Centre … Appellant

    2. FPA-PMLA-6688/DLI/2023

    Fatima Charitable Foundation … Appellant

    3. FPA-PMLA-6565/DLI/2023

    Mohd. Umar Gautam @ Shyam Prasad Gautam … Appellant v/s

    The Deputy Director

    Directorate of Enforcement, Delhi … Respondent

    Advocates/Authorized Representatives who appeared

    For the Appellant : Mr. Aqib Baig, Mohd. Parvez Dabas, Advocates

    For the Respondent : Shri Ritesh Agrawal, Advocate

    CORAM

    JUSTICE MUNISHWAR NATH BHANDARI : CHAIRMAN

    SHRI G.C. MISHRA : MEMBER

    FINAL ORDER

    16.12.2025

    By this Appeal, a challenge has been made to the order dated 04thJuly, 2023 passed by the Adjudicating Authority confirming the Provisional Attachment Order. Ld. Counsel for the Respondent submitted that the Provisional Attachment Order was passed on commission of offence prior to the year 2019 under Section 3 & 5 of Uttar Pradesh Prohibition of Unlawful Religious Conversion Ordinance, 2020. The penal statute was not applicable retrospectively so as to cover any Act of the commission prior to the bringing of the Ordinance of 2020.

    1

    Ld. Counsel for the Appellant however fair enough to state that the Appellants have been convicted for the predicate offence which involves not only the offence under the Act of 2020 but offence under Section 120B and 417, 420. The Appellant having been convicted for the aforesaid offence thus nothing would survive in this Appeal because allegation against the Appellant is for collection and routing the amount for religious conversion. The proceeds in the hands of the Appellant has been attached and now the Appellant having been convicted, the Provisional Attachment of the property gets justified when no contest in that regard has been made by the Appellant other than the argument in reference to the Ordinance of 2020. The Appellant accordingly fails and is dismissed however if the Appellant remain successful in the Appeal against the conviction order, he would be at liberty to take appropriate relief.

    (Justice Munishwar Nath Bhandari) Chairman

    (G.C. Mishra)

    Member

    New Delhi,

    16th December, 2025

    'D'

    2

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    Islamic Dawah Centre... v. The Deputy Director...
    (Dec 16, 2025)