PENDAM NARENDER Vs. STATE OF TELANGANA

JUDGEMENT

(1.) THE petitioner sought for a Writ of Mandamus declaring that the seizure effected, by the second respondent -Station House Officer, Police Station Chilkur, Nalgonda District, of the motor vehicle bearing No. AP 24 UDTR 7583 Hero Honda HF Deluxe make and trying to auction the said vehicle in connection with case S.T.C No.206 of 2014 as arbitrary.

(2.) THE petitioner who has claimed to have purchased a motorcycle on 16.04.2014 is a post graduate student of M. Pharmacy. As per the temporary certificate of registration issued by the Andhra Pradesh Transport Department, the name of the owner of the vehicle is shown as Sri Pendam Narender, the petitioner herein. The vehicle is under hypothecation with Sri Manikanta Auto Finance, Munagala. The invoice raised by Sri Krishna Motors, Miryalaguda, Nalgonda District, authorized dealer of Hero Honda Motor Vehicles issued on 15.04.2014 also disclosed that the vehicle is purchased by the petitioner herein. It is the case of the petitioner that on 17.07.2014, he went to his native village Jerripothulagudem Village in Chilkur Mandal, Nalgonda District and at about 04.00 PM, he went to his agricultural fields on his motorcycle and parked the said motorcycle nearby the fields and went into his agricultural fields. It appears, at about 17.00 hrs on 17.07.2014, the Sub -Inspector of Police, Chilkur Police Station raided the agricultural fields of Sri Gandu Ramayya which are located at the outskirts of Jerripothulagudem Village, where, four persons were found playing cards by betting money. The police have apprehended all the four persons, one of whom is Pendem Venkanna, the father of the petitioner herein. The police seems to have seized cash of Rs.9,820/ - and the playing cards and also seized the motorcycle bearing registration No. AP 24 UDTR 7583 and four mobile phones from the spot under cover of a panchanama in the presence of mediators and brought them to the police station at 18.30 hours. A case was booked against the four offenders under Section 9(1) of the Andhra Pradesh Gaming Act, 1974. All the four persons were produced before the learned Judicial Magistrate of First Class, Kodad on 18.07.2014. On the same day, the learned Judicial First Class Magistrate, Kodad, passed orders in S.T.C No. 206 of 2014. Since the accused have pleaded guilty for the office under Section 9(1) of the Andhra Pradesh Gaming Act, 1974, the voluntary admission of guilt made by them has been accepted and the accused A -1 to A -4 are convicted under Section 252 Cr.P.C and they are sentenced to pay a fine of Rs.250/ - each and in default to suffer imprisonment for 15 days. The seized cash of Rs.9,820/ - was ordered to be confiscated to the State. The playing cards and one counting paper were ordered to be destroyed after expiry of the appeal time. The unmarked property, including the motorcycle and the four mobile phones seized from the accused were ordered to be confiscated to the State after expiry of appeal time. The accused have paid the fine of Rs.250/ - imposed on each of them. It appears, when the petitioner has filed an application in Crl.MP.No.2469 of 2014 in S.T.C.No.206 of 2014 seeking release of the motorcycle, the learned Judicial Magistrate of First Class, Kodad, dismissed the said petition by his order passed on 05.08.2014 setting out that when the accused were convicted and the seized property including the petition schedule property were ordered to be confiscated to the State after expiry of the appeal period and when the confiscation orders are passed in accordance with Section 8 of the Gaming Act, the said application moved by the petitioner seeking release of the motor vehicle as not maintainable. Hence, this writ petition is filed.

(3.) THE Andhra Pradesh Gaming Act, 1974, henceforth referred to, for short as Act, has been made providing for punishment for gaming and for keeping the common gaming houses in the State.