APGA Section 5 : Offences are Cognizable and Non-Bailable
Act
Summary
Section 5 of The Andhra Pradesh Gaming Act, 1974, specifies that all offences under this act are cognizable and non-bailable. It grants police officers, not below the rank of Sub-Inspector, the authority to enter premises, arrest individuals, conduct searches, and seize money and gaming instruments. Additionally, officers can freeze bank accounts used for gaming activities.
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Explanation using Example
Example 1: Illegal Gaming Operation in a Warehouse
Introduction: A group of individuals is running an illegal gaming operation in a rented warehouse in Hyderabad. They have set up various gambling tables and are using the premises to conduct betting activities.
Application: According to Section 5(1) of The Andhra Pradesh Gaming Act, 1974, this activity is a cognizable and non-bailable offence. Under Section 5(2), a Police Officer of at least the rank of Sub-Inspector has the authority to enter the premises without a warrant, arrest everyone involved, search the premises, and seize all gaming equipment and money.
Outcome: The police conduct a raid, arrest all individuals present, and seize all gambling equipment and money found on the premises. The bank accounts linked to the operation are frozen under Section 5(2)(v). The arrested individuals face legal proceedings, and since the offence is non-bailable, they may not be released on bail immediately.
Conclusion: Compliance with the law is crucial, as engaging in illegal gaming activities can lead to severe legal consequences, including arrest and asset seizure.
Example 2: Online Betting Ring
Introduction: A tech-savvy group...
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