SHAIK ZAHEER Vs. STATE

JUDGEMENT

(1.) This is an application filed under Sec.482 of the Code of Criminal Procedure to quash the judgment of both the courts belowpassed in S.T.CNo. 286 of 1999 on the file of the learned XIV Metropolitan Magistrate, Hyderabad to the extent of confiscation of the seized amount and the judgment passed in Criminal Revision Petition No. 236 of 1999 on the file of the learned I Additional Metropolitan Sessions Judge, Hyderabad. The petitioner accordingly prays for a consequential direction to the respondent to refund the amount of Rs. 3,000/- to secure the ends of justice.

(2.) Before adverting to the question as to whether the impugned orders suffer from any legal infirmity and as to whether the petitioner is entitled for the refund of the amount as prayed for, it may be necessary to briefly notice the releant facts leading to filing of this petition.

(3.) The respondent-State filed a charge-sheet against the petitioner-accused for the offence punishable under Section 9 of the Andhra Pradesh Gaming Act, 1974 (for short 'the Act'). In the complaint, it is inter alia alleged that on 16-2-1999 at about 8.00 p.m., the petitioner-accused was found at New Road, Shamsheergunj playing satta betting money from the public on the public road. He was accordingly taken into custody and an amount of Rs. 3,000/- and the satta chits were seized from his possession under a panchanama. Thereafter, the prosecution was launched against the petitioner herein for the offence punishable under Section 9 of the Act.