M LAL Vs. STATE

JUDGEMENT

(1.) IN C. C. No. 13971 of 1972 on the file of the Eighth Presidency Magistrate, George Town, Madras, the revision petitioners in Cri. R, C. No. 1040 of 1973 have been convicted of an offence under Section 49a (1) (a) (i) of the Madras City Police Act and have been each sentenced to pay a fine of Rs. 100, in default to undergo S. I. for one month and in C. C. 13972 of 1972 on the file of the Eighth Presidency Magistrate, George Town, Madras, the revision petitioners in Cri. R. C. No. 1041 of 1973, have been convicted of an offence under Section 49-A (1) (a) (i) of the City Police Act and revision petitioners 1 and 2 have been each sentenced to pay a fine of Rs. 100, in default to undergo S. I. for one month and revision petitioners 3 to 8 have been each sentenced to pay a fine of Rs. 50 in default to undergo S. I. for one month and the revision petitioners in both these cases now challenge their convictions and sentences.

(2.) THE accusation against the revision petitioners in Cri. R. C. No. 1040 of 1973, is that they as partners of a business carried on under the name and style of 'm. Lal and D. K. Raj, Commission Agents for purchasing race tickets' undertook as such commission agents to purchase race tickets in Bangalore and other places at their office at No. 10 Murugappan St. and collected money on 28-5-1972, from one Kumar who figures as A-3 before the trial court, in advance of race days and issued printed receipts to him in the aforesaid premises. The accusation against the revision petitioners in Cr. R. C. 1041 of 1973 is that the first and second revision petitioners acted as commission agents for purchasing race tickets at their office at No. 32 Kandappa Mudali St. , Madras and undertook to purchase race tickets at Bangalore and other places and collected money on 8-7-1972 at about 10-30 a. m. through revision petitioners 3 to 6 from revision petitioners 7 and 8 for the purchase of such tickets in advance of race days and issued printed receipts with conditions printed on them.

(3.) ON 28-5-1972 P. W. 1, the Inspector of Police C-2 police station on receiving information that the revision petitioners in Cri. R. C. 1040 of 1973, were indulging in receiving bets on horses to be run in the Bangalore races, at premises No. 10 Murugappan St. , Madras verified the information and sent P. W. 2 as a decoy with a 10 rupee currency note M O 1, after preparing the mahazar Ex. P-1 attested by P. W. 3 and another and after giving the decoy P. W. 2 two slips Ex. P-2 series, and P. W. 2 went to the premises No. 10 Murugappan St. , Madras and paid to the second revision petitioner and A 3 Rs. 10 and also handed over the slip Ex. P-2 series and received back one of the slips and then P. W. 1 rushed to the premises with his party and P. W. 3 and saw the second revision, petitioner sitting there and A 3 paying money to the second revision petitioner and he arrested the second revision, petitioner and A-3 and seized the tin box kept by the side of the second revision petitioner (M O 2) in which there was a sum of Rs. 294 which included the 10 rupee currency note M O 1 and which also contained the betting slips M O 4 series and carbon copy of Ex. P-2, M. O. 6 an issue of the Dina Thanthi newspaper dated 27-5-1972 was by the side of the tin box M O 2. These M. Os. were then recovered and P. W. 1 registered a case.