(1) Any police officer may arrest and search without warrant any person referred to in section 9.

(2) Any such police officer may seize all moneys, all instruments of gaming and all things reasonably suspected to be instruments of gaming found in the public street, thoroughfare or place or found with the persons arrested by him and all birds or animals found with the persons arrested by him or are reasonably suspected to have been kept for being set to fight in the public street, thoroughfare or place.

Explained:

Section 10 of the Telangana Gaming Act, 1974 gives police officers specific powers to deal with gaming activities conducted in public places. The provision is closely connected with Section 9, which prescribes punishment for gaming or setting birds or animals to fight in a public street, thoroughfare, or any place accessible to the public.

Power of Arrest and Search

Under Section 10(1), a police officer may arrest and search without a warrant any person referred to in Section 9. Therefore, where a person is found gaming, or is reasonably suspected of gaming, in a public place covered by Section 9, the statutory power of arrest and search can be exercised.

Power to Seize Money and Gaming Instruments

Section 10(2) further authorises the police to seize money, instruments of gaming and other things reasonably suspected to be instruments of gaming. The provision also permits seizure of birds or animals found with arrested persons or reasonably suspected of being kept for fighting in a public place.

The seizure power is important because Section 11 creates a presumption concerning articles seized under Section 10(2), subject to the Magistrate being satisfied that the police officer had reasonable grounds for suspecting that the seized article was an instrument of gaming.

Important Judgments

In Vijaya Aditya v. State of Telangana (2021), the Telangana High Court considered a seizure of a vehicle allegedly connected with card playing and a case registered under Section 10(2). The case demonstrates that Section 10(2) is invoked in connection with seizure of property allegedly connected with gaming.

In Muthyala Sai Kumar v. State of Andhra Pradesh, the High Court observed that police have power under Section 10 to search and seize money and other instruments of gaming, while Section 11 may create the statutory presumption regarding seized articles.

In Narahari Jagadish Kumar v. State of Andhra Pradesh, the Court explained the operation of Sections 9 and 10 in relation to gaming and cockfighting, recognising the police power to arrest and seize under Section 10.

Thus, Section 10 provides the enforcement mechanism for Section 9 by empowering police to arrest, search and seize in appropriate gaming-related situations.