High Court · 2025

Judgment

5. The State of Telangana, Rep by its Principal Secretary, Home Department, Secretariat, Hyderabad The Superintendent of Police, Nirmal District, Telangana State The Assistant Superintendent of Police, SDPO, (investigation officer) Bhainsa, Nirmal District, Telangana State The Station House Officer, Nirmal Town Police Station, Nirmal District, Telangana State

Mr. A. Rajeshwar Goud, Sub inspector of Police, Nirmal Town Police Station, Nirmal District, Telangana State ...RESPONDENTS Petition under Article 226 oI the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ, Order or Direction, or any other appropriate Order one in the nature of WRIT OF MANDAMUS, declaring the action of Respondents not releasing Net cash Rs.500 X 2940 =14,70,000/-, 100 X 700= 70,000/-Total 15,40,000/ -and gold ornaments long gold necklace-3, Small gold necklace-2, child gold ear rings -one Pair, Gold rings-9, Gold ear rings-4, Gold Bangles- one pair, Gold chowkar-2, Gold Gulser-1 , Gold biscuit-1 (5.5 Tulas), and all gold items weighed before the same panchas with the help of Lw-15, in addition Samsung Mobile phone-1 , Mi Mobile phone-1 , Apple company mobile-1 , Property t documents- 21, various bank ATM Cards-18, various bank accounts pass Books- 9 and some Aadhar cards and Driving licenses, seized from the petitioner's house bearing H.No.4-3-1l 1B/ 195, near Owaisi Nagar Masjid, Bhainsa Town, Nirmal District, Telangana State, on 21 .08.2025 in FIR No.14712024 dated 14.04.2024 U/s.3, 4 TSGA, knowing well that the petitioner is not at all Accused in the above case nor the Police has filed alteration Memo to add the petitioner as Abcused No.2 and prepared a remand r'eport against the petitioner and produced the petitioner as Accused where Hon'ble I Additional Judicial Magistrate of First class at Nirmal, rejected the remand application with a finding that there is no allegation against the Petitioner inspite of that not returning the above mentioned house hold materials, as illegal, arbitrary also against the principles of natural justice consequently direct the Respondents to forthwith release Net cash Rs.soo x 2940 =14,70,000/-, 100 X 700= 70,000/-Total 15,40,000/-and gold ornaments long gold necklace-3, Small gold necklace-2, child gold ear rings -one pair, Gold rings-9, Gold ear rings-4, Gold Bangles-one pair, Gold chowkar-2, Gold Gulser-1 , Gold biscuit-1 (5.5 Tulas), and all gold items weighed before the same panchas with the help of Lw-15, in addition Samsung Mobile phone-1, Mi Mobile phone_1 , Apple company mobile-1 , Property documents- 21 , various bank ATMCards_18, various bank accounts Pass Books-g and some Aadhar cards and Driving licenses, illegally serzed from the Petitioner in FtR No.14712024 dated 14.04.2024 U/s.3, 4 TSGA, without following any due process of law. IA 2025 Petition under Section 151 cPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the Respondents to forthwith release Net cash Rs.500 X 2940 =14,7o,oool- ' 100 x 700= 70.000/-Total 15,40,000rand gold ornaments rong gord necklace-3, Small gold necklace-2, child gold ear rings -one pair, Gold rings-9, Gold ear rings-4, Gold Bangles- one pair, Gold chowkar-2, Gold Gulser-1 , Gold biscuit-1 (5.5 Tulas), and all gold items weighed before the same panchas with the help of Lw-15, in addition Samsung Mobile phone-1 , Mi Mobile phone-1, Apple company mobile-1 , Property documents- 21, various bank ATM cards-1g, various bank accounts Pass Books-9 and some Aadhar cards and Driving licenses, illegally seized from the Petitioner in FIR No.14712O24 dated 14.04.2024 U/s.3, 4 TSGA, without following any due process of law, pending disposal of main Writ Petition. Counsel for the Petitioner : SRI M.A.K.MUKHEED .l

1. l I Gounsel for the Respondents No.1to4 : AGP FOR HOME Counsel for the Respondents No.S : -' (a\ The Court made the foltowing: ORDER 'THL.] HONOUITAtsLE SRI JUSTICE N.V.SHRAVAN KUMAR lyBI TllETI T I o N-N o'?7 515-ot202s QLD_E_ R: // / Hearcl learnecl counsel for the petitioner and Sri.G.Aniketh Reddv, lcarnecl Assistant Governrnent Pleader for Home appearing for r:espondent a Nos.1 to 4. With their consent, this writ petition is being taken up for disposal.

2. This writ petition has been filed seeking the following Prayer:- "to declare tlrc action of Respondents not releasing Net cash Rs.500X2940=14,70,000/-, L00X700=70,000/-, Tolal Rs'15,'10,000/- nnd golrl ornflnrcnts, lottg gold necklnce.-3, srnnll gold necklnce'2, child gold ear rings-ortc Patr, Gold rings-9, Gold earrings-A, Gold Bangles- one pnir, Gold chotokar'2, Gold Gulser-7, Gold biscuit-l (5.5 '[ulas), nntl nll goltl itents toe iglrcd beforc tlrc snrne pnnchas zoith thc lulp of Ltu- 15, itt addition Snrrrsung Mobile phone-1, Mi Mobile plnne-7, Apple compfiny nrobile-7, Property docrmrcnts-2'l-, attrious bank A'll\4 Cards- 78, unriotts bmrk nccounts Pnss Books-9 nnd sonte Andhnr cnrds nnd Driuing licenses seized fronl tlrc Petitiotrcrs lrcuse bearirtg H.No.4'3-1/ 1ts/195, nenr Orunisi Nngnr Mnsjid, Blninsn'l'olttn, Nirntnl District, Telnngnnn Stntu, ort 27.08.2025 irr FIIi No.'la7/2024 dntctl 14'04.2024 LI/s.3,4 -lSC;A, krtou'ittgruall thnt llrc Pttitioncr is nrtt tt tll Acutsed iri tltc ttltotta Ctrst rtor tlrc Polit:e ltus filcl nltt'rnliotr Metttrt tt odtl the Petitiortcr ns Act'ttsed No.2 nnd prepnred t rt:rttnnd report ngninst the. Petilitttu'r nrrl prtttlut'td tlu pt:titiotrcr rts- At't'ltstrrl tulrcrt' l:lonble I Additiotrol Jttdicid Mngistrnte o.f l:irst C/rlss rtl Nirrnnl, relected tlrc rerttnrrd npplicutiort tt,ith n.finding lhnt llrcrc is no dlcgatiotr ngainst tlrc Patitionrr inspitc oJ' tlutt not rettrrnitry tlrc tbot,e nrcntionetl ltottse lrcld nrttterittls ns illagd, ubitrnry, nlso ngninst tlrc principles of naturnl justice, t:onsequently direct the Resporrclents to forthzuith release Net cnsh |Ls,500X2940='14,70,000/-, 100X700=70,000/-, Totnl Rs.15,40,000/- md gold ornaments, lorrg gold necklace-3, Snnll gold necklace-2, clild gold ear rings-one Pnir, Gold rings-9, Gold earrings-4, Gold Bangles- one pair, Gold cltoruhnr-2, Gold Gulser-l, Gold biscuit-L (5.5 Tulns), nnd all gold items weighed before the snme pnnchas with the lrclp of Lto-15, in nddition Snn'tsung Mobile pltone-l, Mi Mobile phone-l, Apple company mobile-'|, Property documents-2'1, rsnrious bnnk ATM Cnrds-'|"8, aariou.s bnnk nccottnts Pnss Boolcs-9 nnd some Aarllmr cards nnd Dritring licenscs illegnlly seized frora tht: Petitioner irr flR N0147/202a dntud 14.04.2024 U/s, 3, 4 TSGA without follotoitrg nny iilrc process of \aru,"

3. Brief facts stated in this writ petition are that the petitioner arrd his brother after obtaining trade license ancl trultrorization letter f::om the concern / 2 authorities are running SBI Customer Service Point, which deals with online transaction, at the shop in house bearing H.No.4-3-1,/1F,/1.gs, near owaisi Nagar Masjid, Bhainsa Town, Nirmal District. It is further submitted that the respondent No.4, suo motu registered FiR No.147 of 2024 dated 1,4.04.2024, under sections 3 and 4 of Telangana Gaming Act, 1974 (hereinafteryuf"rruJ* TSGA), against one Puliveli Manikanta and 6 others. 'Ihe case of the petitioner is that on21.08.2025 at 18.50 hours, respondent authorities without following due procedure as conternplated under law, had arrested the petitioner and has seized 'et cash of Rs.15,40,000/-, i.e., Rs.500x2940=1,4,70,000/ -,1.00x700=70,000/- and gold ornaments i.e., long gord necklace-3, small gold necklace-2, child gold earrings-one pair, gold rings_9, gold earrings-4, gold bangles-one pair, gold chowkar_2, gold gulser_1., gold biscuit-L (5.5 Tulas), samsu^g mobile phone-1, Mi-mobile phone-L, Appre company mobile-L, Property documents-21., various bank ATM Cards_lg, various bank accounts pass books-9 and some Aadhar cards and Driving licenses, from the petitioner's shop. Further case of the petitioner is that the respondent authorities without issuing notice under Section 35 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred as BNSS), arrested the petitioner and produce hinr beforc the I Aclclitional Jutlicial Magistrate of pirst Class at Nimral and uide order dated 22.0g.202s in Cr:ime No.i47 of 2024, I Adclitional Judicial Magistrate of First Class at Nirmal, has passed the following order- '.'The offences 3 nnd 4 of T.s,Gaming Act are punishable tuith imprisonment less t.han (7) years and also non bailable ffinie, the inuestigating officer has not issued section 41, 4l-A.cr.p.C notiies to the arcurei ruhi ii" arrested" noru,, the directions of Apex Court in Arnesh Kumnr vs, state of Bihar AIR 20"14 SC 2756, tlrc police tuere required to issue 41-A notice to the _Hon'ble rIt I i 3 accused. tsut they frtilecl to issr'te the saitl notice and reasons menhoned for nrrest.'l'1rc i,rtei'lsti'grtting officer nlso not follotoed tlrc directions of Ll91'b-le Apex Court in saientt i Kimar Antil vs. CBI and Anr (2022) 10 scc 51. The inaestigatio'n oftr|s uiolated the directions of Hon'ble Ape.x Court'.T!e not considered, ttnd the reason mentioned iy the lo for arrest of accused remand of accus,ed ty no*r'Syed Azam" S/0. Syed H^ussain is herhl rejected and not foltotoei tlihl guideliiu of Hon'ble Apex Court in Arnesh Kumar vs.state of Bihar and"satender Kumar Antit vs. CBI and another and also there is no nttme of accused (notu arrestect) in the FIR, remand report of AL' A2 and A8 and also not .ftled nny nccttsed ndding mem? and changi of number of accused, Hence, tlrc nccused iy nhme Syld lzyn S( Syed.H.ussain is .set liberty. The inais'tig:nting officeiis directitl to follotu the guidelines in "future'" -is nl' Learned counsel for the petitioner submits that petitioner is not 4. involved in crime and neither his name is reflected in FIR No'147 0f 2024 clatecl 74.04.2024 ancl inspite of the same, respondent authorjties without issuing any notice ancl without following tlue proceclure as c'ontemplated uncler [ar,r,, has arrestt'tl thc' petitioner anci seizeci cash' goltl ornaments and other documents from the petitioner's shop. lt is further subrnittc'cl that as Per section 1,07 of BNSS, police have no Power to seize the property without taking permission from the Court. The petitioner has requested the respondent authorities to release seized cash, gold ornamettts and other documents, however, till date the same is not released' Aggrieved by the same, this writ Petition is filed' Learned Assistant Government Pleader for Home appearing for

5. respondents placetl on recorcl instructions issued by sub-DLvisional Police Officer, Bhainsa, Nirmal District, wherein it is stated that initially' respondent No.5 registerec-l I;lR No.1.l7 of 2024 clatetl 14.04'2024 under Section 3' 4 TSGA against onL' Pulivcli Manikanta and 6 other regarcling online cricket betting by collecting money through online. During the course of investigation' it was revealecl that the petitioner has also participatecl in commission of offences' as 4 such, respondent No.5, duly following the procedure, arrayed the petitioner as accused No.2 and in this regard Memo dated 21,.08.2025 was filed before Principal Judicial Magistrate of First Class, Nirmal. It is further submitted that the respondent police tried to serve notice under Section 41-A Cr.p.C to the petitioner / A2, but he evaded to receive the same, however, sincere effo?b were continued to serve the said notice. With respect to seizing of net cash, gold ornaments and other documents from the petitiorrer, it is submitted that Section 5(2) of TS Gaming Act, clearly authorizes the police to seize such properties connected with gamirlg activities and the respondent authorities, duly following due procedure ancl after obtaining permissiort uide lctter bearing C.No.l 74/ QCRBNRML / 202s, from superintendent of police, Nirmal, had seized net cash, gold ornarnents and other documents from the petitioner's shop. It is further submitted that on 28.08.2025 through Form-60 aide CPR No.1153 of 2025 dated 29.08.2025. the seized items were deposited before the Trial Court. 6' Learned Assistant Government Pleader for Home submits that the respondent No.5 by following due procedure and by filing Memo dated 21,.08.2025, had arrayed the petitioner as accused No.2 in FIR No.14z of 2024 dated 1'4.04.2024 and further submits that investigating in FIR No.147 of 2024 dated 1,4.04,2024 is pending and once the sarne is completed, final report would be filed before the Trial Court. a

7. Learned Assistant Governrncnt Pleader furtl'rer subrnits that since the items seized ar:e depositcci before the Trial Court through From-60 op J ,5 28.08.2025, the petitioner ought to have made an application before the Trial t, Court for release of the same.

8. At this stage, learned counsel for the petitioner pray this Court to grant liberty to the petitioner to file application before the trial Court a

9. ln that view of the matter and without expressing any opirrion on the merits of the case, this writ petition is clisposec{ of granting Iiberty to petitioner to seek appropriate rernedy as available under law before the trial

10. With the above obsc'rvation, this r,vrit petition is disposed of Miscellaneous applications, if any pending, shall stand closed. No order as to To, SD/. A.H. GOWRI //TRUE COPY/ RAR CER 1 I!.:Ilf'pat Secretary, Home Department, S HyoeraDacl elangana State,

2. The superintendent of porice, Nirmar District, Terangana state 3' The Assistant superintendent of Police, sDPo, (investigation officer) Bhainsa, 4' The Station House officer, Nirmar rown porice station, Nirmar District, Nirmal District, Telangana Stite Telangana State One CC to SRt tV.A.K.MUKHEED, Advocate. IOPUCI Two ccs to Gp FoR HotvE, High court for the state of rerangana. [oUT] Two CD Copies 5 6 7 BSK GJP HIGH COURT DATED:19 togl2025 a ORDER WP.No.27515 of 2025 t sEt{ 14 I4r 21il011 M > a .L a E.s D cT gD * o u ( t DISPOSING OF THE WRIT PETITION WITHOUT GOSTS 1o