GHAMANDI SINGH Vs. STATE

JUDGEMENT

(1.) The Petitioner was prosecuted by Police StationPatel Nagar for the offence punishable under section 7 of the Delhi GamblingAct. He along with one Joginder Chawla was apprehended on 6/08/1981 at 5 p.m. and was arrested by the Sub-Inspector on the allegations thatthey were playing cards by staking money in a public park near SatyamCinema in Patel Nagar. It was alleged that the petitioner and his accomplicewere playing the game of Flash and that in the process of laying a raid toapprehend the accused they threw the three cards held by each on the heapof the undistributed cards and mixed the money in the stake money. Thepolice officer took into possession the 52 playing cards and the total amountof Rs. 12.00 and that the accused thus committed an offence under section12 of the Delhi Gambling Act by playing the game of Flash in publicplace.

(2.) It appears that two accused were produced before the learnedMetropolitan Magistrate on 7.8.1981 where they pleaded guilty and weresentenced to imprisonment till the rising of the court and a fine of Rs. 100.00each. A revision petition against the said order of the MetropolitanMagistrate was dismissed in limini by the learned Additional SessionsJudge.

(3.) It is against the aforesaid order of the learned Additional SessionsJudge that the present petition under section 482 of the Code of CriminalProcedure has been filed. I have perused the register of Summary trialrelating to the case before me. It is recorded "Offence explained, both theaccused persons pleaded guilty to oral notice that they were gambling. They,are convicted and sentenced to T.R.C. and fine of Rs. 100.00 each. In default10 days S.I."