THE HON’BLE SRI JUSTICE K.C.BHANU Crl.R.C.No.35 of 2003 ORDER: This Criminal Revision Case is directed against the Judgment, dated 05.12.2002 passed in Criminal Appeal No.47 of 2002 on the file of the Additional District & Sessions Judge, Srikakulam confirming the order, dated 27.03.2002, passed in Crl.M.P.No.756 of 2002 in S.T.C.No.54 of 2002 on the file of the Judicial Magistrate of First Class, Palasa. (2) The brief facts of the case that are necessary for disposal of the present revision may be stated as follows: (3) The case of the petitioner is that A-5 approached him and requested to give his motorcycle bearing No. AP 30B 3797 for his personal work. Therefore, he handed over his vehicle to A5 and went to Visakhapatnam on his personal work. When he returned, A5 informed him that his motorcycle was seized by the Police in S.T.C.No.54 of 2002. (4) When the accused were examined under Section 251 Cr.P.C. for the offence punishable under Section 9(i) of the Andhra Pradesh Gaming Act, all the accused admitted the offence and pleaded guilty voluntarily. Therefore, the learned Magistrate passed an order, dated 11.03.2002, convicting and sentencing them to pay a fine of Rs.300/- each, in default to suffer simple imprisonment for a period of 20 days and ordered for confiscation of the petitioner’s motorcycle along with other vehicles, which were seized at the place of incident, to the State, as the accused did not claim the same. On coming to know about the order of confiscation of his vehicle bearing No.AP 30B 3797, the petitioner filed Crl.M.P.No.756 of 2002 in S.T.C.No.54 of 2002 with a prayer to return the same. The said petition was dismissed on 27.03.2002. Aggrieved by the same, the petitioner filed Criminal Appeal No.47 of 2002 before Additional District & Sessions Judge, Srikakulam and the same was dismissed on 05.12.2002, on the ground that there were no grounds to modify or alter the order of confiscation. Challenging the same, the present revision is filed. (5) One of the claimants in S.T.C.No.54 of 2002 filed Crl.R.C.No.36 of 2003 before this Court, in respect of LML Vespa bearing No.AP 16 385, which, in turn, by its order, dated 09.06.2005, set aside the order of the trial Court insofar as it relates to confiscation of the said vehicle and ordered to return the same to the owner thereof. (6) Admittedly, the petitioner was not present at the time when the police conducted raid at the place of incident. No trial was conducted in view of the fact that the accused admitted the offence voluntarily. So, there was no opportunity for the petitioner herein to claim motorcycle. There is no evidence to show that the petitioner was having knowledge about the accused taking his motorcycle for the purpose of using it in the game. (7) Therefore, following the order of this Court in Crl.R.C.No.36 of 2003, the present Crl.R.C. is allowed and the vehicle of the petitioner shall be returned to the petitioner, subject to the condition of production of registration certificate and other relevant documents. ________________ K.C.BHANU, J Dt: 17.11.2009 kdl