STATE OF GUJARAT Vs. JAGANBHHAI BNAGWANBHAI

JUDGEMENT

(1.) THIS is an appeal by the State of Gujarat against the acquittal of the respondent, who was prosecuted Under Sections 4 and 5 of the Bombay Prevention of Gamming Act. The learned Magistrate held that money and sups were found in the possession of the respondent, when the shop was searched by the Sub Inspector of Police under the authority of a warrant issued Under Section 6 of the Bombay Prevention of Gambling Act, which will hereinatier be referred to as the Act. The learned Magistrate held mat the slips were not instruments of gaming. the learned Magistrate also held that he was not satisfied mat the police officer, who made the search and who seized the articles, had reasonable grounds for thinking that the slips were instruments of gaming. The learned Magistrate, therefore, took the view that the presumption Under Section 7 of the Act Is not attracted and he acquitted the respondent. Hence this appeal by the State of Gujarat.

(2.) THAT the slips were found in the- possession of the respondent is the finding of the learned Magistrate and this has also been admitted by the respondent, me only question is whether the slips were either instruments of gaming or whether the pence officer who concocter the search and who seized the articles had reasonable grounds for believing that the slips were instruments or gaming. On this point, there is only the evidence of the Sub Inspector of Police. According to him, these slips were instruments of gaming. In a case like this, it was open to the prosecution, to examine an. expert to prove the meaning of the words used on the slips Under Section 48 of the Indian Evidence Act as held by me in Chanderao Khanderao v. state of Gujarat, cinmmai given, pm. No. 931 of 1962, D/- 12-9-1963 (Gujarat ). In this case, the prosecution has not examined any expert Under Section 48 of the Evidence Act. But the prosecution renes only on the evidence of the I. P. S. I. to whom the warrant was issued and1 who conducted the search and seized the articles. But In addition, the P. S. I. happens to Be the person who gave a complaint Before the Magistrate Under Section 6 of the Act and who obtained a warrant, in proviso to Section 6 of the Act reads as follows:

(3.) WHEN a person has only information he should not give a complaint on oath before a Magistrate, a person who has no personal knowledge cannot make a complaint on oath and swear on oath that a particular house, room or place is used as a common gaming house.