Courts have the authority to review and correct police investigative procedures when they constitute abuse of power, including improper seizure of personal property and evidence collection methods that violate individual rights, as demonstrated in this case where the High Court of Karnataka directed police to return seized mobile phones and stay criminal proceedings against a legally operating poker club.
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POLICE LEARNT POKER… THEN RAIDED THEM? | JUDGE SLAMS “GUNDARAJ” 🚨Added:
Clear case of abuse of police power.
Absolutely a fit case where we say police Raj my lords. Police comes into the venue my lords and they see that all are playing poker. They ask, "How is this game played?" It is explained in front of the members, "This is how it is played." They stop it. They seize 21,000 rupees. They take 19 mobile phones, entire poker kit and they close the What did you teach them?
After teaching them my lords, problem >> Why do you say they learned and they gave you We have it on CCTV footages.
>> [music] >> 79 80 against 20 My lords, a clear case of abuse of police power. Absolutely a fit case where we say police Raj my lords. My lords, what the petitioner is running is a poker place my lords, poker club. It is held to be a skill alwa.
Skill. Uh-huh. Both online poker has been held to be a game of skill, not of chance. Physical poker also has been held to be a game of skill and not of chance. There's no dispute on that. My lords, at the time when we had to open this recreational club in 2018 my lords, they would refuse license. We come before this court and this court my lords, at page 33, the order passed by this court is permitting us to carry on the activity with conditions. If my lords would notice page 35 where my lords, fortunately one condition will come to my aid totally where CCTV has to be put everywhere.
Okay, there. Complete CCTV. So, this order which is passed my lords, condition at page 35 may be noticed.
Now, despite this my lords, they would then come and start harassing us in the year 2022 my lords. We were running the club 2022 harassment. We file a contempt.
>> Yes, sir. My lords, I the one aspect I may have to bring I will tell you the sequence because now my lords, we have CCTV footage. Police comes into the venue my lords and they see that all are playing poker. They ask, "How is this game played?" It is explained in front of the members, this is how it is played. They stop it, they seize 21,000 rupees, they take 19 mobile phones, entire poker kit, and they close the Why did you teach them?
After teaching them, my lords, probably You see, they learned and they gave you We have it on CCTV footages. And with this, my lords, they shut down the club, which has been running from 2018.
Oh, you didn't have mobile phones seized I got it and tell him How do 19 phones have seized? My lords, 21,000 taken all my entire poker set. Club has come to a standstill.
What illegal activity was going on there?
First time It really into judicial notice has to be taken my lords of how they've gone about it. I will point out NCR is registered on the basis of the inspector giving complaint to sub inspector. I have come to know, so this is my complaint. NCR gets registered, same day you get 155 to notice. Go to the club, ask them how it is played, poker played, and you do this activity. You should have not You should not have learned how to play.
I don't know whether they're using my kit.
I should do everything is seized and They couldn't have ended with so many proceedings, my lords, and the club has been brought to a standstill. 500 members are there for that club playing Game first time but they will ask the Check my lord what had happened because 155 compliance has happened in this case. 155 compliance is all right.
Crime number 155 of 2024 for offense punishable under section 79 and 80 of the Karnataka Police Act.
Though these offenses are non-cognizable, cognizance of the action of the police is what is required to be taken by this court in the case at hand.
The learned senior counsel would explain and would uh submit that everything is recorded in the CCTV footage that the police enter the premises.
Ask the people ask the person who deals ask the person who deals with poker to show demonstrate to them as to how poker is played. And when it is demonstrated and taught how poker is played the entire unit is seized and all mobile phones are taken away and the proceedings are initiated on all on the ground that there is no CCTV in the unit and they were playing a game that is contrary to law.
This court is concerning the very same recreation society as in writ petition 55798 of 2017 had held that license to play poker should be granted.
Again in which was which was following which was following an earlier order in writ petition 39167 holding that the game of poker is a game of skill and not a game of chance or gambling. Therefore the very registration of crime again appears to be an abuse of the process of the law by the police albeit prima facie till the learned additional SPP would justify his action by way of necessary documents or submissions till such time all investigation uh in crime number 55 155 155 of 2024 shall remain stayed.
The premises is kept under lock and load. Club is not running. Open it open it in the light of the aforesaid circumstance of the issue being covered by three orders passed by the coordinate benches and no illegal activity being projected by the police even in the impugned complaint the premises that is now under lock and key shall be opened forthwith.
mobiles 19 mobiles members mobiles the order relaxed is my duty members 19 mobiles 21,000 in cash they seized I'll check cash is really important cash mobiles are the members Where are the other mobiles on the market? Right invasion right to privacy sir, have you registered anything against them?
I'll check my order what transfer If the mobile phones of all the members without any rhyme or reason are seized by the police as is alleged, the police shall forthwith return the same as there is no warrant of seizure against private persons who were members of the club.
The the return of the mobile phone shall be reported to the court by the next date of hearing. public Yes.
CCTV Narendra Modi Modi the CCTV footage I'll have to be careful with it. I'll pass it on to Mr. pen drive I'll put it public Uh list on your back Jagdish sir week after next week after next 5th July 5th July I can't find my mobile put it on the move money How can you see somebody's mobile just like that? 4th July I took 4th July I got to go to the other mobile phone again. I'll check my order what time What this is police power?
misuse of police power I'll check.
During the hearing of a case involving a recreation club, the court came down heavily on the police over the manner in which the investigation was carried out.
According to the petitioners, the police had registered a case, seized equipment, and even forced the club staff to demonstrate how poker was played in an attempt to strengthen the allegations against them. The court appeared particularly disturbed over the seizure of personal mobile phones belonging to private club members. The bench questioned how personal devices could be taken away without clear [music] justification and observed that such actions could reflect a misuse of police powers. Taking note of these concerns, the court directed the authorities to return the seized mobile phones and ordered that a compliance report be placed before the court on the next date of hearing. The observations from the bench sent a strong message on the limits of investigative powers and the protection of individual rights.
>> [music] [music]
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