Section 5: Offences are cognizable and non-bailable.

(1) Every offence under this Act are cognizable and non-bailable.

(2) Any Police Officer not below the rank of SubInspector of Police has got authority

i) to enter any place and at any time with such force and with such assistance as may be found necessary;

ii) to arrest all persons found therein;

iii) to search all such persons and all parts of such place; and

iv) to seize –

(a) all moneys found with such persons;

(b) all investments of gaming; and

(c) all moneys, all securities for money and articles of value reasonably suspected to have been used or intended to be used for the purpose of gaming which are found in such place;

v) to freeze bank accounts which are used for the purpose of gaming.

Explained:

Section 5 of the Telangana Gaming Act, 1974 deals with the powers of the police in relation to offences under the Act. The provision was substantially substituted by the Telangana Gaming (Amendment) Act, 2017 (Act No. 29 of 2017).

Under Section 5(1), every offence under the Telangana Gaming Act is cognizable and non-bailable. This gives the police wider powers to take action against persons suspected of committing offences under the Act.

Section 5(2) authorises a Police Officer not below the rank of Sub-Inspector to enter a place at any time, using necessary force and assistance. The officer may arrest persons found at the premises, search them and the premises, and seize money, gaming investments, securities and other articles reasonably suspected to have been used or intended for gaming. The provision also permits the police to freeze bank accounts used for gaming.

The provision must be read along with Sections 3, 4, 6 and 7 of the Act. The 2017 amendments also expanded the Act’s scope to cover online gaming for money or other stakes and electronic/digital records and transactions.

Important Judgments

In Janata Recreation Centre, Gullapalli v. State of Andhra Pradesh (1979), the High Court considered the validity and operation of Section 5 of the then Andhra Pradesh Gaming Act. The Court upheld the provision and recognised that the statutory powers relating to entry, search and seizure were intended to effectively enforce the gaming law.

In MLAS’ Colony Residents Welfare & Cultural Association v. State of Telangana (2017), the Telangana High Court considered Section 5 in the context of clubs and games such as rummy. The Court discussed the statutory restrictions applicable to gaming establishments and the police powers under the Act.

In conclusion, Section 5 is an important enforcement provision that gives police significant powers to prevent and investigate gaming offences, including seizure of gaming-related property and freezing of accounts allegedly used for gaming.