STATE OF GUJARAT Vs. JAGANBHAI BHAGWANBHAI

JUDGEMENT

(1.) This appeal is brought by the State of Gujarat against the judgment of the High Court of Gujarat at Ahmedabad, dated November 4, 1963 in Criminal Appeal No. 734 of 1962.

(2.) The respondent was charged in the Court of the Judicial Magistrate, First Class, Bulsar, under Ss. 4 and 5 of the Bombay Prevention of Gambling Act, 1887 (Bombay Act IV of 1887), hereinafter called the 'Act'. The case of the prosecution was that on January 31, 1962 at about 9 p.m. the respondent was found accepting bets on American futures. On being searched in the presence of panchas currency notes of Rs. 119 and two slips on which American futures were recorded were found. The trying Magistrate, however, held that slips were not "instruments of gaming" within the meaning of S. 7 of the Act. The Magistrate was also not satisfied that the police officer who carried out the search and seized the articles had reasonable grounds to believe that the slips and other articles recovered from the respondent were instruments of gaming. The Magistrate held that the presumption under S. 7 of the Act could not be raised. The respondent was, therefore, acquitted of the charge. Against the order of acquittal the State of Gujarat preferred an appeal to the High Court of Gujarat at Ahmedabad in Criminal Appeal No. 734 of 1962. The appeal was dismissed by Raju, J. on November 4, 1963.

(3.) In support of this appeal Mr. Patwardhan submitted that the High Court was in error in holding that it is necessary to examine an expert to corroborate the evidence of the prosecuting Sub-Inspector that the articles seized were instruments of gaming". It was also contended by Counsel that the High Court was not right in taking the view that the evidence of the Police Inspector to whom the warrant was issued under S. 6 of the Act required corroboration in each and every case. In our opinion, both the contentions of Mr. Patwardhan are well-founded and must be accepted as correct.