JANARDHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal by certificate granted by the Bombay High Court raises an interesting question of law as to the ambit, scope and interpretation of Section 6 of the Bombay Prevention of Gambling Act, 1887 (Act No. IV of 1887) (hereinafter referred to as the Gambling Act) read with the Bombay Police Act, 1951 (hereinafter referred to as the Police Act).

(2.) The appellant along with others was convicted under Section 4 of the Gambling Act and sentenced to rigorous imprisonment for two months and a fine of Rs. 400/- or in default to suffer rigorous imprisonment for one month. He was also convicted under Section 5 of the Gambling act and sentenced to 7 days rigorous imprisonment and a fine of Rs. 50/-. 16 accused besides the appellant were convicted but the appellant alone filed a revision before the High Court and an appeal to this Court by obtaining a certificate from the High Court.

(3.) The facts of the case are not in dispute and counsel for the appellant has not raised any question relating to the merits of the case. In fact, all the three courts have concurrently found that the offence against the appellant has been established beyond any doubt and in view of the concurrent finding of facts by the courts below there is no question of arguing the case on merits.