VATTAPARAMBIL ABOOBACKER Vs. STATE OF KERALA

JUDGEMENT

(1.) ORDER :-

(2.) PETITIONERS were accused 1, 3 and 4 in S.T. No. 1444 of 1987. The charges were under Sections 7 and 8 of the Kerala Gaming Act. The prosecution case was that on 13-7-1987 at about 4.34 a.m. the accused were playing cards for unlawful gain in a room of the building owned and possessed by the first accused at Tirur. An amount of Rs. 4,436/-, 44 cards, cigarate packets, beedi packets, cigar lighter etc. were seized from the place as per Exts. P1 and P2 seizure mahazar. There were originally six accused. Two of them admitted the guilt and the present petitioners in the petition were acquitted. According to the prosecution, the accused were playing a game called 'Pullivali' with cards and money for unlawful gain. They were given the benefit of doubt and acquitted. Thereafter, petitioners claim to return the money seized from them. The lower Court found that they are not entitled to return the money under Section 452 of Criminal Procedure Code. Section 452 of the Criminal Procedure Code reads as follows :