The petitioners in these two proceedings are the accused Nos. 1 and 11 in a crime registered under the Kerala Gaming Act as crime No. 2807/2014 of the Perumbavoor Police Station. The matter is now pending before the Judicial First Class Magistrate Court-I, Perumbavoor. The 1st accused in the crime is the petitioner in Crl.M.C.No. 5726/2014, and the 11th accused is the petitioner in Crl.M.C. No.5727/2014. Pending the proceedings, they claimed, under Section 451 Cr.P.C., interim custody of the amount seized by the police from the alleged gaming house. The 1st accused claims an amount of Rs.72,200/-, and the 11th accused claims an amount of Rs.45,680/-. The claim made by the 1st accused was filed as CMP No.1268/2014, and the claim of the 11th accused was filed as CMP No.1265/2014. After hearing both sides, the learned Magistrate disallowed the claims by order dated 30.06.2014. The said order is under challenge under Section 482 Cr.P.C. Crl.M.C. Nos. 5726 & 5727 of 2014 2 2. On hearing learned counsel, and the learned Public Prosecutor, I find that the order passed by the learned Magistrate is right, and it does not call for any interference by this Court under Section 482 Cr.P.C. Money seized by the police from a common gaming house cannot be lightly or casually described as property, of which the accused can claim interim custody under Section 451 Cr.P.C. At this preliminary stage, it will have to be treated as money unlawfully gained in the gaming process. Such amount cannot be released under Section 451 Cr.P.C. Section 10 of the Kerala Gaming Act provides that on conviction such money will be liable to forfeiture. The term used is 'forfeiture', and not 'confiscation'. Learned Magistrate rightly found that when the amount is liable to be forfeited, being money earned unlawfully, it cannot be released under Section 451 Cr.P.C. I find that there is nothing to interfere. Till final orders are passed under Section 452 Cr.P.C. read with Section 10 of the Kerala Gaming Act, the money seized from the common gaming house will have to continue in court custody. However, a direction can be made to the trial court to dispose of the case, as expeditiously as possible.
Crl.M.C. Nos. 5726 & 5727 of 2014 3 In the result, both the Crl.M.Cs are dismissed. However, the trial court is hereby directed to expedite the trial of the case, and dispose of the matter at the earliest.
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P. UBAID, JUDGE sd // TRUE COPY // P.A. TO JUDGE