property disposal order in gaming act when accused admitted offence

[korrapolu vasudevarao]

dear friends, several times we come across where police seize cellphones, vehicles available in scene of offence beside cash and playing cards in offences of section 9 of gaming act. when accused admit the offence, normally we impose fine. now the question come what about property seized at the scene of offence which does not belong to accused. for such situation Hon'ble High court of AP in PENDAM NARENDER V/S ST AT E OF T ELANGANA AND ANOT HER reported in 2014 LawSuit(Hyd) 455 held "so long as the property produced before the Court is not alleged to have been used for commission of any offence, as is also required, incidentally by Section 8 of the Act, such property is liable to be delivered to the person entitled to possession thereof."

   I am attaching the said judgment for ready reference.