VAJESING MATHURSING Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS application in revision is directed against an order passed on 30-3-1967 by Mr. N. K. Bbarvad, City Magistrate, 10th Court, Ahmedabad, in Criminal Case No. 541 of 1964, whereby the "gambling-muddamal" is ordered to be confiscated to the State.

(2.) THE prosecution case wa3 that Room No, 37 in Shivprasad Chawl, Ahmedabad was in occupation of one Babusing Medasing and that he was running a common gaming house therein. Mr. B. F. Jadeja, the Police Inspector raided that room on 12. 12. 1963 under a general Authority given to him Under Section 6 of the Bombay Prevention of Gambling Act, hereinafter referred to m "the Act", by the then Commissioner of Police Mr. Ramayer. On a search made thereof in presence of Panchas, acme article3 said to be a record con' taining beta and slips etc. were found. Beside", in one tin Rs. 1. 964-95p. were found# On a search made of the person of Babusing Ra. 65/-were found, and Rs. 14-55p. were found on the person of Vajesing Mathursing, who was accused No. 2 in the case. He ia applicant No. 1 before thia Court, It further appears that from \hs bag hanging on the peg in that room Rs. 40;)/- were found. All these articles were attached by the police, making a panch-nama in respect thereof. The complaint was then filed against Babuaingi who was accused No. 1 :in the case and Vajesing Mathursing, who waa accused No. 2 in the case, in respect of offences under S. 4 and 5 of the Act, in the Court of the City Magistrate, 8th Court, Ahmedabad. That case was heard by Mr. K, H. Damani. City Magistrate, 10th Court, Ahmedabad, and both the accused came to be acquitted by him on 21-8. 1964. He had also directed that the Muddamal he returned to those from whom it was attached by the Police.

(3.) BEING dissatisfied with that order of acquittal, the State of Gujarat filed Criminal Appeal No. 1099 of 19si in this Court, and during the pendency of that appeal, aoeused No. 1 Babusing died. A note to that effect was filed in the Court, The appeal was heard in respect of accused No. 2, and thia Court direct, ed a retrial of accused No. 2 in the case. The case than came up for trial before Mr. N. K. Bharvad, City Magistrate, 10th Court, Ahmedabad, and after considering the material an record he had come to the conclusion that the prosecution has failed to establish the case against the accused. While acquitting the ac. cused in respect of the offences under Sa. 4 and 5 of the Act, the learned Magistrate had directed the "gambling muddamal" to be con-fiacated to the State. Being dissatisfied with that order passed by Mr. N. K. Bharvad, City Magistrate, 10th Court, Abmedabad, original accused No, 2 applicant No. 1 has come ia re-vision before this Court. Since Babusing ia dead and some of the muddamat waa attached from Babuaing, his heirs, who are applicants Nos. 2 and 3 have also come in revision.